The suspension of Rivers State Governor Siminalayi Fubara by President Bola Tinubu has sparked a constitutional and political crisis in Nigeria. With legal experts questioning the legitimacy of the suspension and opposition figures calling it an abuse of executive power, all eyes are now on the Senate. Can the upper legislative chamber intervene and reverse what some are calling an unconstitutional move?
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing increasing political instability and security threats, including pipeline vandalism. As part of the declaration, Governor Fubara, his deputy, and members of the state’s House of Assembly were suspended for six months. In their place, a military administrator, Vice Admiral Ibokette Ibas (rtd.), was appointed to oversee the state’s affairs.
The move has been met with widespread backlash. Legal analysts and the Nigerian Bar Association (NBA) argue that the President lacks the constitutional authority to unilaterally suspend elected officials. According to them, a state of emergency does not equate to the removal of a governor, as the Nigerian Constitution does not explicitly grant such powers to the executive.
House of Representatives Approves: What’s Next for the Senate?
Now that the House of Representatives has approved the state of emergency in Rivers State, the Senate becomes the final legislative body to decide its fate.
Senate Must Debate and Vote
The Nigerian Constitution requires that both legislative chambers (House of Representatives and Senate) approve a state of emergency. Now that the House has given its approval, the Senate must deliberate on the matter and vote on whether to support or reject the emergency declaration.
- If the Senate approves, the state of emergency becomes fully legal and enforceable, meaning Governor Fubara remains suspended and the military administrator continues to govern Rivers State.
- If the Senate rejects the emergency declaration, it fails to pass, making Fubara’s suspension unconstitutional, and he would have to be reinstated.
The Senate Needs a Quorum
For the Senate to proceed with voting, it must have a quorum, meaning at least 37 out of 109 Senators must be present. If there’s no quorum, the vote cannot take place, potentially delaying the decision.
Political Factors at Play
- Party Politics: If the ruling APC dominates the Senate, there may be a push to approve the emergency. However, opposition Senators could fight to reject it.
- Public Pressure & Legal Challenges: Civil society groups and legal experts are already criticizing the suspension as unconstitutional. This could influence some Senators to vote against it.
- Executive Influence: The Presidency may lobby Senators to ensure the approval of the emergency.
If the Senate Approves, Can It Be Challenged?
If the Senate approves the emergency, legal challenges may arise. The Nigerian Bar Association (NBA) and opposition parties may head to court, arguing that suspending an elected governor violates the Constitution. The Supreme Court could ultimately decide Fubara’s fate.
The Political Implications
Beyond the legal debates, the decision of the Senate will have far-reaching political consequences. If the Senate overturns the suspension, it would reinforce Nigeria’s constitutional democracy and affirm that elected officials cannot be removed arbitrarily. However, if it upholds the President’s action, it could set a dangerous precedent, allowing future Presidents to bypass democratic processes under the guise of emergency powers.
The Senate now holds the final key in determining whether the state of emergency in Rivers State stands or gets overturned. If they approve it, Fubara remains suspended, but if they reject it, he could return to office. The coming days will be crucial in shaping the political future of Rivers State. The question remains: will the Senate uphold the rule of law and reinstate Fubara, or will it legitimize an act that many see as unconstitutional overreach?
