Tinubu Acted Rightly, Give Him Support: AGF Fagbemi Replies Rights Monitors HURMA, Others On Emergency Rule in Rivers- Rights Monitors

“It Is Rivers State’s Turn Today, It Can Be (Lagos State or) Anybody’s Turn Tomorrow. Let the Signal be clearly sent for those who want to make the practice of democracy and enjoyment of democracy a mirage, to think twice”

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The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi has defended President Bola Tinubu’s declaration of a state of emergency in Rivers state and as well call on the Human Rights Monitoring Agenda (HURMA) among others to give all necessary support for success.

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The AGF while briefing State House Correspondents at the Aso Rock Villa, Abuja on Wednesday, said declaration was necessary in the oil-rich state to prevent collapse.

In his opening address, Fagbemi began that it is longer news that the president of the nation, President Bola Ahmed Tinubu GCFR, yesterday, took the bull by the horns to do what was required of a statesman, a patriot and a head of State and commander in chief of the armed forces.

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“The events in Rivers State started long ago, and he tried to intervene many times. Apart from that, well-meaning Nigerians, leaders of thought, and concerned citizens have also attempted to settle the matter without any result. The president came out boldly yesterday to say the situation cannot be allowed to continue, a situation in which the critical economic life of the nation, what is giving lifeline to the nation to be, you know, criminally touched without any response from those who would ordinarily be expected to do so, cannot continue.

“But don’t forget, the whole thing started or crystallised with the judgment of the Supreme Court that was handed down on the 28th day of February 2025 in which the Supreme Court, that’s the highest court in the land, made a categorical pronouncement after making very profound findings of breaches of the Constitution by the parties involved, particularly the governor of Rivers state, concluded that he was acting like a despot and that, as the situation is in Rivers State, there is no Government. These are very serious and very weighty allegations that only an irresponsible head of state or leader will fold his arms and ignore.

“As I said, he made a very bold decision. We were all there when he addressed the public and chronicled all the facts from Genesis to Revelation.

“Everybody has a duty to ensure that the judgment of the court is obeyed, particularly coming from the highest court in the land; there is no other person to appeal to. There is no other body to appeal to. It’s not subject to any further test of validity. As things are, we all have a duty, collectively and individually to ensure that we give maximum respect and obedience to the judgment of the Supreme Court.

On the question on whether the situation in Rivers State warrant the declaration of a state of emergency?

“Let me start on a note of how we got to where we are today. How did it all start? That is about the genesis. We all know how we got there since 2023. Towards the end of 2023, things have not been going well to the extent that the governor took the law into his hands and demolished and brought down the House of Assembly. Don’t forget the role of the House of Assembly. They are the lawmakers. They are to consider the budget. They are to, you know, pass the budget. They are also to be approached in matters of appointment of commissioners for ratification and all other things. They are to do oversight functions. So, since that happened, things have not been the same at all.

“In a community of 32, you expect that at least 15 or 16 people will be there to do the job. The governor, as I said, and it is no longer news, harboured three or four of the members, constituted them to the House of Assembly and gave them preferential treatment, and moved them to the Government House to perform legislative functions. This situation got to the court. There were about 10, 15, 16 cases, and at the end of the day, the Supreme Court came out and made very profound findings of breaches of the Constitution, mainly against the governor.

“You rise or fall based on what you took to court and what court decision is on it. The court came to the decision that the governor had long anticipated, wrongly, that he might be impeached, and because of that, he knew that the House of Assembly was a critical structure, or organ, so he brought down the House of Assembly. 14 months after that is as at yesterday, there was no effort to rebuild the House of Assembly.

“The government stands on the tripod, the executive, the legislature, and the judiciary, and you have made the functioning of government impossible. It is not enough for the executive, to say, we are spending money, even the money you want to spend must have been appropriated for by the House of Assembly. These are some of the findings that the Supreme Court made. And at the end of the day, the Supreme Court said, or came to a decision, that the governor’s behaviour was like a despot, and that as the situation was, there was no government in Rivers. If there was no government in Rivers, what would we be looking for?

“The stage is set, but no action was taken immediately in the expectation or hope that good sense will prevail, the governor would create an enabling environment, and that the House of Assembly too would be reasonable enough to ensure that the people of Rivers got a return for their voting of members of the House of Assembly and the governor and other elected officials to enjoy dividends of democracy. We are in a democracy.

“So then, there was what I will call telegraphing of the militants, I will say, by the governor. And I said so when he beckoned to them that, oh, he will let them know when it was time to act, to the militant. Let us say it was wrong. Did he come out to disown them? The answer is no. And a week after, they swung into action; you see or witness the vandalisation of oil pipelines.

“Don’t also forget that before now, that is when this government came into office. Nigeria was producing about 900,000 barrels of oil a day. With the efforts and all the ingenuity that the President had, he ensured that the production rose to about 1.5 million barrels per day. That’s about 45% increase; governors were smiling home at the end of the month with about 60% increase in their take home to their various states. Then somebody rose or encouraged or became inactive when he was supposed to act. There was not a word dissuading the militants who issued this threat.

“In today’s Nigeria, maybe with the efforts of Mr President, Agriculture will come in. But as at today, we still rely largely on oil. Anyone who touches these pipelines is not only the enemy of Rivers but he is also the enemy of Nigeria. All Nigerians in all 36 states, share in what comes in from the production of this oil. And I believe that the decision of Mr President is anchored on the decision of the Supreme Court.

“The second one is the inability of those involved, both the House of Assembly and the governor, to create an enabling environment for the people of Rivers to enjoy the dividends of democracy. The third part of the series is about the security situation in that place. You know, if the President had waited maybe a day longer, only God knows what would have followed. And as a result, he came out to say, I am not only the head of state, I’m commander in chief of the armed forces, and declared a state of emergency.

When asked if Mr President’s decision was truly hasty?

“I will ask rather rhetorically, when do you think he should have acted? When everything has collapsed? No, the law envisages that you come in when there is imminent danger to the security of lives and property. People were killing themselves. It’s no longer news. It’s not a question of making up the story. We all read papers every day. Those who live there are living in fear. So, there is undoubtedly the need to come in. We have about two years into the administration in the state, if he didn’t come in now, when do you think he should come in? Is it when everything has been destroyed? I don’t think so.

“The President has acted timeously. He had allowed all the people involved, the parties involved, to make amends; before then, he assembled them, he tried to mediate. Some said he had no constitutional power after agreeing. And what they agreed to at the meeting were not implemented. So, to answer your question, I am certain that the President has acted timeously after giving them enough rope, and as the Commander-in-Chief of the armed forces, it was a tough decision for him to make.

“It doesn’t present anybody with joy, to disrupt the flow of democracy or practice of it. But the Constitution itself envisages that there may be this type of situation, and that was why it is provided in section 305 of the Constitution that extraordinary situations might arise. This is one of such extraordinary situations.

On question around the legality on suspension of the governor, his deputy and members of the State House of Assembly?

“You see, you decide each case on its own peculiar facts and circumstances. Who are the people involved? Who are the parties involved in this saga? They are the governor and members of the House of Assembly. So, who else should have been affected? I’ve heard this funny argument. I’m sorry for saying it. It’s funny because it doesn’t make any sense to me. Oh, that the President should have just gone there to secure the pipelines and then come back when some people are there encouraging vandals to come in. The action of the President, you know what happened, is the effect of a fundamental cause, and you cannot be treating the effect to cure the cause. What was the cause? The governor and members of the House of Assembly. So, you have to behave responsibly, and you must have the gut. If it happens again, I will encourage Mr President to do the same, maybe this time with even greater vigour and vitality. So, the question of separating, treating, or giving preferential treatment to anybody does not arise. If you give preferential treatment to anybody, you are giving preferential treatment to hooliganism. Just call a spade a spade.

“This is where I believe that we should put up our patriotism cap. It shouldn’t be about individuals. It should not be about anybody. It should be about the entity called Nigeria, but in this case, it is Rivers State. So, it is Rivers State’s turn today, it can be anybody’s turn tomorrow. Let the signal be clearly sent for those who want to foment trouble, who want to make the practice of democracy and enjoyment of democracy a mirage, to think twice.

“So, I will answer the question by saying, I return resounding no to the quest that the governor and deputy governor should have been spared, or the members of the House of Assembly, they were all in it”.

Tinubu had on Tuesday declared a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.

In a national broadcast, Tinubu cited prolonged political instability, constitutional breaches, and security threats as reasons for the extraordinary measure.

The crisis, which had paralysed governance in the oil-rich state, stems from a power struggle between Governor Fubara and his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory.

As part of the directive, the President also appointed Vice Admiral Ibok-Étè Ibas (retd.) as the sole administrator to oversee the state’s affairs until normalcy is restored. Ibas served as Chief of Naval Staff from 2015 to 2021 under former President Muhammadu Buhari.

Tinubu announced, “In the circumstance, having soberly reflected on and evaluated the political situation in Rivers State, the Governor and Deputy Governor of Rivers State has failed to make a request to me as President to issue this proclamation as required by section 305(5) of the 1999 Constitution as amended, it has become inevitably compelling for me to invoke the provision of section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers State with effect from today, March 18, 2025 and I so do.

“By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months.

“In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (retd.) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate.”