Chieftain of the Peoples Democratic Party, PDP, in Akwa Ibom and Chairman, PDP Advocates for Peace and Justice (PAPAJ), Dr Tom FredFish has joined many Nigerians to condemn the declaration of State of Emergency in Rivers State and subsequent suspension of the governor, Sim Fubara by President Bola Ahmed Tinubu.

In an exclusive interview with DAILY POST, FredFish described the President’s speech as a total reflection of how biased he is to the impasse in Rivers State, even as he blamed the leadership of the PDP, including Atiku Abubarkar over failure to wield the big stick against Nyesom Wike, Minister of FCT, whom he referred to as the bone of contention and had involved in various anti-party activities.

Excerpts:

What is your view about the State of Emergency declared by President Bola Tinubu in Rivers State? Is it in accordance with the law?

Well, the President, in his broadcast, claimed he acted according to the law, but what he has just demonstrated is the use of powers and the loopholes created by the Constitution to gain political capital by preparing for the 2027 election. The President was too quick to declare a State of Emergency in Rivers State.

As a chieftain of PDP, which is Fubara’s party, why was your party docile in resolving the problem between Wike and Fubara before now?

If you recall, I have made several alarming statements asking why the leaders of our party, the PDP, are quiet over the unruly behavior and actions of Wike. I had bemoaned Atiku Abubakar and the Chairman of the PDP BoT, Senator Wabara for not taking a stance. I also urged the PDP to suspend Wike or, at most, expel him from the party, but the party seems to have lost its voice to the defeat in 2023 and kept Wike perpetually in charge of the party.

There was certainly no way Wike would want to make peace with Fubara. Wike sees himself as a god that must be serviced with loyalty and allegiance and anyone who has a contrary view is seen as his enemy. So Wike, who sees himself as a demigod, will not want to settle with Fubara, who he thinks has challenged his godlike status in the state and country. Secondly, the party made several attempts to bring both men together, and each time, Wike ended up stalling the peace process. But I can state clearly that the PDP shot itself in the foot by accommodating Wike’s anti-party activities, as well as his attempts to cause chaos in the party.

Are you comfortable with the disinterest the party leadership and stakeholders showed in the matter so far?

I am very uncomfortable. The party has shown that it cannot pull itself back to order. Atiku has failed to play the role of an elder statesman. As long as Wike continues to remain in the PDP, the party will not know any peace. They all know what the problem is, but why the party does not have the political will to take the necessary action is what baffles me to date. Wike is a plague that must be uprooted.

Do you see APC taking over Rivers State in the nearest future or before the 2027 elections?

There is no way the APC can take over Rivers State. The party is very unpopular in the state, and the people have rejected such a party, as clearly shown in the 2023 Governorship election. And that’s why Wike, in connivance with the Abuja front, decided to hatch the crisis in the state. The plan of Wike and the 27 members of the House of Assembly was to impeach the governor and offload themselves into the APC. So when they realized that the people were ready to resist such anti-democratic acts, they resorted to the declaration of a state of emergency. President Tinubu’s speech is a total reflection of how biased the president is to the impasse. There is no sign that the APC can take over Rivers State through a democratic process.

Do you think Fubara and the other House of Assembly members would be called back at the end of the six months suspension?

Certainly, there is no reason they shouldn’t be recalled. Except if the President wants to suspend democracy.

What are the implications of the suspension on the people of Rivers State?

There are various implications to the suspension of the governor by the president. First, it shows that the president can use his powers for political gains when he deems fit. Second, it leaves a huge moral burden on the President, who was very fast to resolve the Lagos State House of Assembly crises but very slow and reluctant to act when it comes to Rivers State. Third, it shows that the tenets of our democracy are not truly democratic if the President can wake up and sack a democratic Governor and that the framers of our constitution erred with these loopholes created to make the president plan a coup against the people of a state. Fourth, it leaves a constitutional crisis, especially as it relates to the order for the stoppages of the State Allocation or funds by the Supreme Court to the CBN.

The Supreme Court said that CBN should withhold Rivers’ allocation and release the funds when a proper Local Government election is conducted. Does the Sole Administrator of Rivers State, Admiral Ibokette Ibas, have any legal backing to conduct the Local Government election in Rivers State? And will CBN continue to withhold Rivers allocation till Sim Fubara, who has a democratic mandate, returns back in 6 months to conduct LGA election? How will the state run without funds? The Nigerian economy will likely suffer with the renewed bombing of oil facilities in the Niger Delta. The return of hostilities, militancy, and oil bunkering would likely resurface with the sceneries affecting the income of the nation. Lastly, the people of Rivers State will lose in all these episodes.

What are the decisive, urgent actions that the PDP is expected to take?

The PDP needs to expel Wike immediately. Send him packing. After all, Wike has violated the party’s constitution by not showing concern for the party and its affairs. His recent revoking of the PDP secretariat is a sign that the former governor has declared war on his party. He should be shown the way out for peace to return to the party. If the PDP must survive, the party needs to be decisive as it pertains to Wike. They should also make strong statements condemning the President’s actions and expelling the 27 Rivers House of Assembly members for attempting to impeach the governor against the party’s position. Discipline must be enshrined in the PDP if the party must move forward.

Two female members of the House of Representatives, Marie Ebikake and Blessing Amadi, on Wednesday, engaged in a heated argument over the declaration of a state of emergency in Rivers State by President Bola Tinubu.

The argument started a few minutes before the commencement of the plenary as a general discussion among lawmakers about the political crisis in Rivers.

However, tensions escalated when the two lawmakers began to exchange words, pointing fingers at each other in a heated dispute over the legality and necessity of the emergency rule.

Mrs Ebikake represents Brass/Nembe Federal Constituency of Bayelsa State, while Mrs Amadi represents Port Harcourt 2 Federal Constituency of Rivers State.

Other lawmakers, including Mark Esset, representing Nsit Atai/Ibesikpo Asutan/Uruan/Uyo federal constituency, were also heard shouting, “Is this democracy?”.

Although the two chambers of the National Assembly have to approve the state of emergency before it becomes effective, President Tinubu has since inaugurated Mr Ibas.

Many Nigerians often wonder: Can the President suspend an elected governor? The short answer is no. The 1999 Constitution of Nigeria (as amended) does not give the President the power to suspend or remove a governor, no matter the situation. However, the President does have the power to declare a state of emergency in a state, but that doesn’t mean the governor automatically loses office.

What Powers Does the President Have?

Under Section 305 of the 1999 Constitution, the President can declare a state of emergency in a state, but only under specific conditions. These include:

If Nigeria is at war

If there is a breakdown of law and order that threatens national security

If a natural disaster or public danger occurs

If a serious public health crisis (like a pandemic) happens

If the state governor formally requests it, explaining why normal governance cannot continue

If the President believes the situation is serious enough to require emergency powers

Even when a state of emergency is declared, it must be approved by the National Assembly within:

Two days (if they are in session)

Ten days (if they are not in session)

If approved, the state of emergency lasts for six months and can be extended if necessary.

Can the President Remove a Governor?

No. The Nigerian Constitution does not give the President the power to remove or suspend a governor, even during a state of emergency.

Section 180(1) of the Constitution states that a governor can only leave office through resignation, death, permanent incapacity, or impeachment.

Section 188 clearly says that only the State House of Assembly can remove a governor through an impeachment process.

So, no matter how bad things get in a state, the President cannot just wake up and remove the governor.

What About Past Cases Where Governors Were Suspended?

Even though the law is clear, some past presidents have removed governors under a state of emergency, sparking legal and political debates.

1. Plateau State (2004) – Governor Joshua Dariye

President: Olusegun Obasanjo

What happened? Due to ethnic and religious violence, Obasanjo declared a state of emergency, suspended Governor Dariye, and appointed a military administrator.

Why was it controversial? The Constitution does not allow a president to suspend a governor. After six months, Dariye was reinstated.

2. Ekiti State (2006) – Governor Ayo Fayose

President: Olusegun Obasanjo

What happened? Fayose was accused of corruption. The state assembly’s impeachment process was chaotic, so Obasanjo declared a state of emergency, suspended Fayose, and installed a military administrator.

Why was it controversial? Many saw it as an abuse of power.

3. Borno, Adamawa, and Yobe States (2013) – Boko Haram Insurgency

President: Goodluck Jonathan

What happened? Boko Haram attacks were escalating, so Jonathan declared a state of emergency in these states.

What was different? Unlike Obasanjo, Jonathan did not remove the governors—he only deployed military forces to restore order.

Jonathan’s approach was seen as more constitutionally compliant, while Obasanjo’s actions remain highly controversial.

The Bottom Line

The President can declare a state of emergency under Section 305 of the Constitution.
The President cannot suspend or remove a governor—only the State House of Assembly can do that (Sections 180 and 188).

While past leaders have tried to push the limits of their power, the law remains clear: an elected governor can only be removed by due process, not by presidential order.