“Lateef O. Fagbemi SAN, the Attorney-General of the Federation and Minister of Justice, has described the declaration of a state of emergency in Rivers State as a “clear signal” to other crisis-ridden states that the Federal Government will not tolerate breaches of the Constitution.
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Critics argue that Fagbemi’s statements make him sound “more like a military general than the nation’s chief law officer.” They point out the irony of his firm, hard-line stance on constitutional matters aligning with his military-style title, jesting that he might as well be addressed as “Major General Lateef O. Fagbemi, SAN.”
Speaking at an emergency edition of Meet the Press organized by the Presidential Communications Team at the Aso Rock Villa on Wednesday, Fagbemi defended President Bola Tinubu’s decision to suspend Governor Sim Fubara, his deputy, and the state assembly members for six months.
Fagbemi explained that the President’s intervention was “unavoidable given the constitutional breaches in Rivers, including the demolition of the state House of Assembly and Governor Sim Fubara’s failure to deter militants from vandalizing oil pipelines.”
However, critics have questioned this reasoning, pointing out that the Nigerian National Petroleum Company Limited (NNPCL) had already reported ongoing issues with crude oil theft—including uncovering 19 illegal pipeline connections and 58 illegal refineries in a single week in January 2025. They ask why the federal government did not declare a state of emergency then, and why Governor Fubara is now being accused of “tele-guiding” militants without any evidence being provided.
Critics also noted that the AGF failed to address threatening comments made by FCT Minister Nyesom Wike last Saturday, in which he allegedly referred to the Ijaw people as “minorities in their land” and made unguarded comments whenever he appeared on TV interviews, wondering why the NBC has not cautioned him.
The AGF further cited the Supreme Court’s ruling, stating that the court had made “very profound findings of breaches of the Constitution,” and had described Governor Fubara as having acted “like a despot,” effectively leaving Rivers State with “no government.”
In response, legal experts have pointed out that the National Assembly has a tight 48-hour window to either ratify or reject the emergency declaration, which expires today. They question why the AGF appears to be ignoring the constitutional concern that President Tinubu swore in a Sole Administrator for Rivers State before securing parliamentary approval.
“Why is the AGF turning a blind eye to this procedural violation? Why is he advising the President in this manner?” asked a constitutional lawyer who preferred anonymity.
Fagbemi also claimed that the emergency declaration saved Fubara from impeachment, stating, “Don’t forget, I think yesterday (Tuesday), 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.”
Legal scholars have countered this assertion, noting that serving a notice of impeachment does not guarantee removal from office, as there is an established constitutional process that must be followed. “The AGF should know that serving notice of impeachment doesn’t mean the governor will be impeached—there is a due process to follow. Even if impeachment were to occur, it would result in removal, not suspension as we’ve seen with this emergency declaration,” commented a senior legal practitioner.
Also, constitutional lawyers have raised serious concerns over the Federal Government’s announcement that funds allocated to Rivers State will be redirected to the state’s newly appointed Administrator, Vice Admiral Ibok-Ette Ibas (rtd).
“The AGF also announced that funds allocated to Rivers State will be given to the state’s Administrator, Vice Admiral Ibok-Ette Ibas.
However, constitutional scholars have questioned the legality of this financial arrangement, pointing to specific provisions in the Nigerian Constitution.”
“The Supreme Court decided that statutory allocations due to Rivers State should be withheld because the Governor did not recognize the House of Assembly, and did not present the budget before the said House for passage,” noted a constitutional law expert who preferred anonymity. “But this raises a fundamental question: Is the Sole Administrator a constitutional substitute for the House of Assembly and the Governor?”
Critics have suggested that the emergency declaration might be motivated by financial interests. “Is this shenanigans all about stealing the allocations of Rivers State? Is that what this impunity is all about?” questioned another legal observer.
The constitutional requirements for appropriating state funds are explicitly outlined in Sections 120 and 121 of the Nigerian Constitution, which mandate that state funds and allocations cannot be appropriated without being enabled by an Appropriation Law duly passed by a state legislature.
“Which budget will the Sole Administrator now use to appropriate the allocations of Rivers State?” asked a former state attorney-general. “The Constitution is very explicit that state funds cannot be spent without proper legislative authorization.”
As the National Assembly debates whether to ratify the emergency declaration today, these constitutional questions about fiscal governance in Rivers State remain unanswered.”
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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