A Naked Abuse of Federal Power: How APC’s President Tinubu Orchestrated the Unconstitutional Removal of Rivers State’s Democratically Elected Governor

Introduction

The brazen assault on Nigeria’s democracy through the unconstitutional declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu exposes a dangerous descent into dictatorship by the All Progressives Congress (APC)-led federal government. This calculated action is not merely a political maneuver but a comprehensive, premeditated conspiracy executed openly, involving all critical institutions of government—the Executive, Legislature, Judiciary, and the Federal Capital Territory (FCT)—to destroy a legitimately elected People’s Democratic Party (PDP) administration led by Governor Siminalayi Fubara.

This blatant disregard for constitutional norms represents an unprecedented abuse of federal power and signals an alarming deterioration of democratic values in Nigeria.

The Executive Abuse Led by President Tinubu

President Tinubu’s declaration of emergency rule in Rivers State under the guise of maintaining peace and order represents not just an abuse of executive authority but an outright constitutional violation. Section 305 of Nigeria’s Constitution provides specific circumstances under which a president may declare a state of emergency, namely, situations involving war, insurrection, severe natural disasters, or total breakdown of public order that threaten national security.

None of these conditions existed in Rivers State. Instead, President Tinubu exploited his constitutional powers in a partisan manner, effectively removing Governor Fubara, his deputy, and the duly elected state legislature without legitimate cause or constitutional backing. His appointment of a sole administrator further compounds this illegality, explicitly prohibited by Section 1(2) of the Nigerian Constitution, which forbids governance by a sole administrator in any federating unit.

This unilateral, unconstitutional decision by President Tinubu has effectively dismantled democratic governance in Rivers State and established a dangerous precedent for future federal encroachments into state autonomy.

Legislative Complicity: Senate President Akpabio’s Role

Under Senate President Godswill Akpabio, the APC-dominated National Assembly disgracefully abandoned its constitutional mandate to provide checks and balances. By endorsing President Tinubu’s unconstitutional emergency declaration through an undemocratic and opaque voice vote, the legislature violated fundamental procedural rules clearly stipulated in the Constitution, which demand a transparent, recorded two-thirds majority vote for such significant decisions.

This legislative malpractice demonstrates the APC-controlled legislature’s complete submission to executive whims. Rather than serving as a guardian of democracy, Akpabio’s Senate facilitated and legitimized the President’s unconstitutional power grab, effectively turning the National Assembly into a compliant appendage of executive tyranny.

Judicial Silence and Complicity

Equally troubling is the silent complicity of the Judiciary, the last bastion of constitutional democracy. Under the leadership of the Chief Justice of Nigeria (CJN), the Judiciary has failed its fundamental duty to uphold justice and constitutional supremacy. Despite clear judicial precedents—such as the landmark case, Attorney General of Lagos State v. Attorney General of the Federation (2004), which explicitly states that federal power does not extend to arbitrary removal of elected state officials—the Judiciary has remained conspicuously silent.

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This judicial silence is deafening, suggesting implicit support or, at best, acquiescence in the face of blatant constitutional breaches. When the Judiciary surrenders its independence, the very foundation of democracy crumbles, creating an environment where justice is manipulated by political interest rather than adherence to constitutional principles.

The FCT Factor: Nyesom Wike’s Trojan Horse Role

Central to this undemocratic coup is Nyesom Wike, the current Minister of the Federal Capital Territory and former Rivers State Governor. Unable to maintain control over his successor, Governor Fubara, Wike has leveraged federal resources and connections to destabilize and orchestrate the downfall of the democratically elected PDP administration.

Wike’s instrumental role in engineering defections of Rivers State Assembly lawmakers from PDP to APC was not spontaneous but a carefully executed plan to create the illusion of political crisis, thus providing justification for President Tinubu’s unconstitutional intervention. This is a betrayal of democratic values, party loyalty, and the very constituents Wike previously swore to protect.

The Unified Assault: Coordinated Action Against PDP Governance

This orchestrated attack on Rivers State democracy was not an isolated presidential action. Rather, it involved an unprecedented, coordinated assault involving:

The Executive Arm (President Tinubu), initiating and executing the unconstitutional action.
The Legislature (Senate President Akpabio), illegitimately rubber-stamping the executive’s unconstitutional maneuver.
The Judiciary (under the CJN), which abdicated its constitutional role by remaining silent, failing to provide urgently needed judicial redress.
The FCT Ministry (led by Nyesom Wike), facilitating political destabilization through strategic use of federal influence and resources.
Together, these institutions have colluded to systematically dismantle the democratically elected PDP government in Rivers State, marking a dark day in Nigeria’s democratic journey.

Implications for Nigerian Democracy

The implications of this coordinated federal takeover are profound and dangerous:

Erosion of Democratic Institutions: Institutions intended to provide checks and balances have become complicit, effectively weakening Nigeria’s democratic structures.
Loss of State Autonomy: This action establishes a precedent, signaling that states governed by opposition parties are at risk of federal invasion, undermining federalism.
Investor Distrust: Political instability and compromised judicial institutions severely damage investor confidence, deterring both domestic and international investments essential for economic growth.
Social Unrest: Such blatant constitutional violations risk creating a volatile political atmosphere, fueling distrust and potential unrest across Nigeria.

A Call to Defend Democracy

This is a moment of national reckoning. President Tinubu’s actions, supported by the National Assembly, judiciary’s silence, and Nyesom Wike’s maneuvering, represent a dire threat to Nigeria’s democracy and federal structure. Nigerians must unite beyond party lines to resist this unconstitutional power grab decisively.

To secure our future and preserve our democratic values, the Nigerian people must demand accountability, judicial integrity, and constitutional adherence from those who currently wield power. We must collectively reject the APC’s blatant abuse of federal power and actively defend democracy.

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It is now clear: To save democracy and preserve Nigeria’s future, we must stand together and reject the APC’s undemocratic actions.

Dr. Ross Erazele Agazuma
Political Analyst & President, Youth Leaders for African Democracy
Presidential Candidate (PDP), Federal Republic of Nigeria