As the six-month emergency rule in Rivers State is set to expire this Thursday, legal and political experts are sharply divided over whether suspended Governor Siminalayi Fubara can automatically return to office or if fresh presidential or legislative action is required.
The impending deadline reopens debates on constitutional procedure, federal authority, and the legitimacy of suspending a sitting governor under emergency powers.
Chairman of the Human and Environmental Development Agenda (HEDA), Lanre Suraj, argued that Governor Fubara, who was suspended and not impeached, does not need to take a new oath of office.
“All that matters is for the Sole Administrator to hand over to either the SSG or HoS on Wednesday evening,” Suraj stated.
“Anything beyond Wednesday evening, if Ibas fails to hand over power, he can be arrested and tried for a criminal act.”
Suraj insisted that neither the National Assembly nor President Tinubu’s current leave should delay the transition, noting that the only oversight function of the National Assembly relates to how Sole Administrator Ibas managed state finances during the emergency period.
Similarly, Bernard Mikko, a former House of Reps member from Rivers State, aligned with Suraj’s position.
He maintained that “The President does not need to make any national broadcast. There’s also no need for Fubara to take another oath.”
However, Mikko said it’s up to legal authorities to determine whether the six-month suspension period should be added to Fubara’s tenure, a point where he disagreed with Suraj.
In contrast, Idowu Adelusi, former Chief Press Secretary to ex-Governor Ayo Fayose of Ekiti, took a firmer stance: Fubara’s return is not automatic.
“Fubara was suspended through a legal instrument ratified by the House of Representatives. That same process must be used to lift the suspension,” he said.
“He cannot just walk back into office without presidential or legislative action.”
Adelusi cited Fayose’s 2006 suspension under President Obasanjo, explaining that proper notification to the legislature was still required even when his suspension was extended.
“Something cogent must be done by the President and National Assembly before Wednesday evening. I speak from experience.”
Living Jamala, a lawyer and political analyst, dismissed claims that President Tinubu’s 10-day working leave or the National Assembly recess can be used to justify a delay in ending the emergency rule.
“The emergency regime was declared for six months. Once that period expires, the rule lapses automatically,” he explained.
“The President can issue a proclamation from anywhere. His absence should not be a reason to prolong emergency rule.”
Jamala also stressed that Fubara does not require a new oath, warning that “Taking a fresh oath could disqualify him from contesting re-election.”
He added that Sole Administrator Ibas must hand over his report to the President, not the governor and noted that the Rivers State Assembly can resume activities, including electing new leadership where necessary.
Former presidential aide and ex-lawmaker Senator Ita Enang echoed the legal position that no fresh National Assembly action is needed unless the President seeks an extension.
“The National Assembly has played its role by approving the six-month emergency rule. Once that time is up, the proclamation ceases automatically,” he said in a phone interview with our correspondent.
Enang clarified that whether the Assembly is in recess or not, it does not affect the automatic expiration of the emergency.
It will be recalled that on March 18, 2025, the National Assembly approved President Tinubu’s declaration of emergency rule in Rivers State following political unrest and governance breakdown.
The move, announced by Senate President Godswill Akpabio, invoked Section 305 of the 1999 Constitution.
As part of the resolution, a joint ad hoc committee was created to oversee state administration during the emergency period.
Under the law, the proclamation must not exceed six months unless renewed by the President with fresh legislative approval.
With the emergency rule ending Thursday, uncertainty looms over the transition process.
Legal experts agree that unless President Tinubu renews the proclamation, Fubara should be reinstated immediately without a new oath or further legislative intervention.
However, political observers warn that failure to manage the handover carefully could lead to fresh constitutional crises and instability in Rivers State.
