The Federal Government yesterday placed the blame for the declaration of a state of emergency firmly on the doorsteps of suspended Rivers State Governor Siminalayi Fubara.
Attorney-General of the Federation and Minister of Justice Lateef Fagbemi accused Fubara of fueling the destruction of oil pipelines by suspected militants.
He said the governor not only failed to stop the assailants, but he indirectly encouraged them.
“There was what I would call telegraphing of the militants by the governor,” Fagbemi said.
“He initially suggested that he would beckon on them to let them know when it was time to act.
“Even if we assume that was just rhetoric, did he come out to disown them when they took action? The answer is no.
“And barely a week after, we saw the vandalisation of oil pipelines,” Fagbemi said.
During his broadcast on Tuesday night, citing security reports, President Bola Ahmed Tinubu said Fubara did not take any action to curtail those involved in the vandalisation of pipelines.
The AGF spoke with reporters at the State House in Abuja 24 hours after President Tinubu declared a state of emergency in Rivers and suspended the governor, his deputy and the House of Assembly for an initial six months.
But Fubara yesterday pleaded his innocence.
President Tinubu appointed retired Vice Admiral Ibok-Étè Ibas, a former Chief of Naval Staff, as the state’s sole administrator to restore stability.
Ibas was sworn in by the President yesterday. The National Assembly is expected to approve the declaration of emergency today.
The emergency declaration followed Tuesday’s explosion at the critical Trans Niger Pipeline (TNP) around Bodo, Gokana local government area in Ogoni land.
Another explosion also occurred at a pipeline manifold in the Omwawriwa axis of the Ogba-Egbema-Ndoni local government.
The AGF was referring to Fubara’s comments at the inauguration of Government Staff House Quarters on March 3.
The governor had said: “People should know that because no matter how we have been fooled in this state, it has gotten to a point where this state has decided to take their destiny in their hands.
“In as much as I don’t subscribe to violence, when the time comes for us to take a decision, I will lead the cause for that decision.
“Let me say it again, I am not scared of anything. The worst that will happen is for me to leave the office. It is not that I am leaving the earth.
“Is it going to stop me from existing? So, I am not bothered about that. But the right thing must be done and said when the opportunity is given to us.
“Let me thank everyone, especially our youths, be strong, don’t be perturbed. I assure you that at the right time, you will get instructions.”
Fagbemi stressed the importance of oil infrastructure to the economy, warning that anyone involved in its destruction is not just an enemy of Rivers, but of the country.
He defended the emergency declaration, saying it was necessary to prevent a total collapse of governance in the oil-rich state.
He noted that the President had exhausted all diplomatic efforts before taking the extraordinary step of protecting lives and critical infrastructure.
“I think the President has acted timeously. He has given an opportunity to all the parties involved to make amends. Before then, he assembled them, tried to mediate,” Fagbemi said.
“The Supreme Court, that’s the highest court in the land, made a categorical pronouncement.
“It concluded that he was acting like a despot and that, as the situation is in Rivers State, there is no governance.
“These are very serious and very weighty allegations that only an irresponsible head of state or leader will ignore. The President took a very bold decision.
“People were living in fear, and some were losing their lives. This is an extraordinary situation that required decisive action,” Fagbemi added.
The AGF dismissed claims that President Tinubu’s intervention was hasty, insisting that the escalating crisis left the President with no choice.
On whether the Rivers situation warranted a state of emergency, he said: “Since 2023, I think towards the end of 2023, things have not been going on well to the extent that the governor took the law into his hands and demolished the House of Assembly complex.
“Since that happened, things have not been the same at all. In a community of 32, you expect that at least 15 or 16 will be there to do the job.
“The governor constituted three or four of the members into the House of Assembly, and gave them preferential treatment, moved them to the Government House to be performing 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 see, you rise or fall on the basis of what you took to court and what decision of the court 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 to do that, so he brought down the House of Assembly.
“Fourteen months after that, there was no effort to rebuild the House of Assembly.
“The government stands on the tripod – the executive, the legislature and the judiciary. You have made the functioning of government impossible.
“If there was no government in Rivers, what else are we looking for?
“I’m so sorry for bringing in this, this issue in the Bible. They asked Jesus Christ, are You the Son of God? And he said, Yes. Then others chorused, what further evidence do we need from this man?
“So, the stage was set. But no action was taken immediately in the expectation or hope that good sense would 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 both members of the House of Assembly and the governor and other elected officials to enjoy dividends of democracy.
“Then the third in the series is about the security situation. If he (the President) had waited maybe a day longer, only God knows what would have followed.
“As a result of that, he came out to say: ‘I am not only the head of state. I’m Commander-in-Chief of the Armed Forces’. He declared a state of emergency,” he stated.
Fagbemi pointed out that the declaration ultimately prevented Fubara from being completely removed from office.
“So, the other one is about compromise and replacement. It appears so. Don’t forget, there was a notice of impeachment from the House of Assembly.
“If that impeachment had been allowed to take its full course, then the governor would have lost entirely and completely.
“So in a way, if you say it’s a compromise, I will agree that instead of allowing the impeachment process to continue, which in the end, would have seen both the governor and the deputy governor out of the office and been out for the rest of the four-year term.
“So if normalcy returns, some other things may come in. But for now, well, maybe it’s a compromise. I will agree,” Fagbemi affirmed.
He urged those aggrieved by the President’s decision to seek redress through the National Assembly, noting that the federal legislature has the constitutional authority to overturn the suspensions by refusing to grant the required two-thirds majority approval.
“If the National Assembly feels what the President did was not okay, he will not have two-thirds of the National Assembly. We are expecting that within 48 hours, something will come out.
“The ball is now in the court of the National Assembly. If they do not ratify it, the suspensions will not stand,” he said.
Fagbemi explained that the Rivers case is different from that of Adamawa, Borno and Yobe states where the elected structures were preserved despite the declaration of a state of emergency under President Goodluck Jonathan in 2013.
According to him, the governors requested the action whereas Fubara did not urge President Tinubu to intervene.
“Every matter depends on the peculiar facts and circumstances of the case.
“You can declare an emergency in a variety of ways. If it was Boko Haram, they were situated or confined in particular areas and the governor then said come to my aid.
“But the governor who is at the centre of it here has not made any such request and it would have been grossly irresponsible for the President to fold his arms.
“So the situation in the era of Jonathan is different from what we have here. What we have here is everybody is involved.
“You can exercise your rights but there are always lines. You don’t cross the lines because there will be consequences,” he said.
Fagbemi absolved the Minister of the Federal Capital Territory (FTC), Nyesom Wike, of responsibility.
He insisted that the Supreme Court’s findings did not implicate the FCT Minister.
“There are occasions when, especially when it comes to national issues, we have to come out plainly and sincerely.
“Where do you put the Minister of FCT in this case? Was he the one who asked for the demolition of the House of Assembly?
“Was he the one who said the governor should not present his budget to the House of Assembly?
“Was he the one who advised the governor not to go through the House of Assembly for purposes of ratifying the commissioner nominees?
“The FCT minister did not feature. Assuming he featured, he would have featured maybe on the side of the legislators,” Fagbemi said.
He called for patriotism from all parties involved in the Rivers political crisis, stressing that prioritising the entity Nigeria is most crucial.
On allocations, the Minister of Justice said it would be in order to release the funds for the smooth running of the state.
“An extraordinary situation has arisen in River. When the administrator comes, he may request for this fund, and to me, it will be in order for the release of that fund because of the extraordinary situation,” Fagbemi added.
Tinubu swears in Ibas
President Tinubu swore in Vice Admiral Ibas some minutes before 3 pm.
He pledged to prioritise peace, security, and stability in the state.
He told reporters: “Mr. President made it very clear in his broadcast.
“If the main issue is that of maintaining law and order in the state, I think for any meaningful activities to take place in Rivers State, that is the utmost task.”
The ceremony which took place in the President’s office was witnessed by the Chief of Staff, Femi Gbajabiamila and other aides.
Matawalle: Emergency rule necessary
Minister of State for Defence Bello Matawalle, said the emergency declaration was imperative.
In a statement by Iyogun Sunday, his director of information and public relations, Matawalle said the military was on high alert to safeguard government infrastructure and ensure the security of residents.
The minister expressed concern over reports of vandalism and threats from militants, underscoring the need for a unified effort to restore peace and security.
He reiterated that the Federal Government was committed to ensuring the safety of all citizens and the protection of vital infrastructure in Rivers State.
Fubara, Assembly trade blames
Fubara and the House of Assembly traded blame over the emergency rule.
The governor called on the people to remain peaceful and law-abiding and blamed the House of Assembly for the development.
In a statement he personally signed, Fubara said he was addressing the people with a deep sense of responsibility and calm, describing the situation as an unfortunate moment in the state’s political history.
Fubara affirmed his innocence saying: “Since assuming office as your Governor, all my actions and decisions have been guided by my constitutional oath of office and a great sense of duty.
“We prioritised the protection of lives and property and ensured the continuous progress of our dear State.
“Even in the face of the political impasse, we have remained committed to constitutional order and the rule of law, putting the interest of our people above all else.
“This was why, immediately after Mr. President’s intervention to broker peace, we did not hesitate to implement the agreed terms in good faith, including welcoming back commissioners who had previously resigned of their own volition.
“Furthermore, we moved swiftly to comply with the Supreme Court’s judgment immediately we received the certified true copy of the judgment to return the state to normalcy.
“These steps were taken not for personal gains but to foster peace, unity and stability in our dear state.”
Fubara blamed the situation on the House of Assembly, saying the lawmakers had frustrated his efforts and had made genuine peace and progress difficult.
He said: “Our priorities remained the security of lives and property and advancing the well-being and prosperity of Rivers people.
“Yes, we have political disagreements, but good governance had continued, salaries have been paid, and great projects were being executed to move the State forward. Above all, Rivers State is safe, secure and peaceful under our watch.
“At this critical time, I urge all Rivers people to remain peaceful and law-abiding.
“We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive.
“We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process.”
But the House of Assembly, in a statement signed by the Speaker, Martins Amaewhule, accepted the declaration, blaming Fubara for bringing it on the state.
The Speaker said the declaration was in line with the Constitution.
While blaming the governor, the lawmakers said: “The condition of our dear Rivers State today is mainly because of the malfeasance of the governor who serially disobeyed judgments and orders of courts, failed to govern the state in line with his oath of office and the Constitution.
“The governor’s despotic and tyrannical actions as confirmed by the courts in which he also unconstitutionally obstructed the Rivers State House of Assembly which is an arm of government from functioning.
“As an Assembly, we assure you all, our constituents that we would abide by this declaration even though it is not what we prayed for.
“Mr. President has acted in the best interest of the country, therefore, we call on you all to remain calm as the Sole Administrator appointed by the President assumes his duty in the best interest of our state and nation.
“Rest assured that we would give any kind of support required of the Rivers State House of Assembly to the Sole Administrator in the best interest of our dear State.”
Calm as Fubara, family vacate Govt House
It was gathered that Fubara vacated Government House early yesterday after spending the night there on Tuesday.
Rivers has been calm since the declaration of emergency rule.
Residents went about their normal activities.
While some believed that President Tinubu acted in the best interest of the state, others said he had no right to sack the governor and the House of Assembly.
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