More than 100 CSOs in Nigeria Call for Constitutional Fidelity in Addressing Rivers State’s Crisis

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The ongoing political and legal turmoil in Rivers State has reached a critical juncture, threatening the stability of democratic institutions and the rule of law in Nigeria. As civil society organisations with a deep understanding of Nigeria’s constitutional framework, we present this objective and thorough analysis of recent developments, alongside actionable solutions to restore peace, legality, and governance in Rivers State. This press release is intended to inform and engage Nigerians across all sectors, including policymakers, citizens, and the media.
Overview of Recent Developments
Rivers State has been embroiled in a protracted conflict between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory. This rift fractured the Rivers State House of Assembly. In December 2023, 27 lawmakers, led by the Speaker, Honourable Martin Amaewhule, defected from the Peoples’ Democratic Party (PDP) to the All Progressives Congress (APC). The defection sparked a series of legal and political disputes, culminating in a controversial Supreme Court of Nigeria ruling on February 28, 2025, which recognized the defected lawmakers as legitimate and directed Governor Fubara to re-present the 2025 Rivers State annual budget to them.
Subsequent events have escalated tensions: President Bola Tinubu declared a state of emergency on March 18, 2025, suspending Governor Fubara, his deputy, and the entire House of Assembly for six months, appointing Vice Admiral Ibok-Ete Ibas (Rtd) as Sole Administrator. This move has sparked widespread debate about its constitutionality, with reports of military deployment to the Government House and attacks on local government secretariats further destabilizing the state. The Rivers State Commissioners have also dragged the Amaewhule-led Assembly to court, alleging attempts to nullify their appointments, while Ijaw groups and civil society organizations have issued warnings against external interference.
Critical Legal Analysis

  1. Defection of Lawmakers and Constitutional Breaches
    Section 68(1)(g) of the 1999 Constitution (as amended) is unequivocal: any legislator who defects from the party under which they were elected forfeits their seat unless the defection is due to a division in their original party that renders it impracticable to function. The Supreme Court’s 2015 ruling in Hon. Ifedayo Sunday Abegunde v. The Ondo State House of Assembly & 11 Others (SC.370/2014) reinforced this principle. However, the February 2025 Supreme Court decision in Rivers State House of Assembly and Others v. Rivers State Independent Electoral Commission (RSIEC) & 9 Others (SC/CV/1176/2024) departs from this precedent, legitimizing the defected lawmakers without evidence of a PDP split. This ruling by a five-person panel contradicts the seven-person panel’s earlier stance, raising questions about judicial consistency and the court’s susceptibility to political influence.
    2.State of Emergency Declaration
    Section 305 of the Constitution allows the President to declare a state of emergency in cases of war, natural disaster, or a breakdown of public order and safety beyond the state government’s control. While Rivers State is undeniably turbulent, the declaration’s legality hinges on whether the situation meets this threshold.
    The approval of the state of emergency by the National Assembly on Thursday 20 March through voice votes instead of individual votes duly recorded to account for the required 2/3 majority raises legal concerns about adherence to the provisions of the 1999 Constitution on sensitive matters of national importance. Moreover, suspending elected officials and appointing a sole administrator risk overstepping federal authority, undermining state autonomy.
  2. Judicial Overreach and Conflicting Orders
    The judiciary’s role in Rivers State has been marred by conflicting rulings and perceived bias. The Supreme Court’s directive to recognize the Amaewhule faction, coupled with lower courts’ handling of related suits (e.g., the January 21, 2025, ruling pending at the Federal High Court in Port Harcourt), has fueled accusations of “judicial bias” favoring political actors. This erodes public trust in the judiciary as an impartial arbiter.
    Proposed Solutions
    To resolve this crisis and prevent further escalation, we propose the following constitutionally grounded and pragmatic steps:
  3. Judicial Review and Reaffirmation of Precedent
    The Supreme Court must urgently revisit its February 2025 ruling through a full seven-person panel to align with the Abegunde precedent, which emphasizes the sanctity of electoral mandates. The defected lawmakers should vacate their seats, triggering by-elections conducted by the Independent National Electoral Commission (INEC) to restore legitimate representation. This upholds the electorate’s mandate and the Constitution’s sanctity.
  4. Reversal of the State of Emergency
    President Tinubu should reconsider the state of emergency unless it is demonstrably justified under Section 305 of the Constitution of the Federal Republic of Nigeria (as amended). Restoring Governor Fubara and the elected Assembly, pending legal resolution of their status, respects democratic norms and state sovereignty. The military presence should be withdrawn to de-escalate tensions.
  5. Mediation and Political Dialogue
    A neutral mediation panel, comprising elder statesmen, legal experts, and civil society leaders led by the National Peace Committee, should facilitate dialogue between Fubara, Wike, and their factions. This panel must focus on de-escalation and prioritize governance over personal ambitions and a commitment to democratic processes, potentially brokering Wike’s withdrawal from active interference in Rivers State politics.
  6. Strengthening Institutional Integrity
    The judiciary must insulate itself from political pressures. The Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, should set-up a judicial panel to investigate allegations of bias and ensure that future rulings in Rivers State adhere to legal principles, not expediency. Similarly, security agencies must remain neutral, avoiding partisan deployments.
  7. Public Engagement and Accountability
    Citizens of Rivers State and Nigeria at large must demand transparency and accountability. Media outlets and civil society should amplify this crisis’s implications for democracy, urging all actors to prioritize the public good over power struggles.
    Conclusion
    The crisis in Rivers State is a litmus test for Nigeria’s democracy. Left unchecked, it risks setting a precedent for constitutional subversion and federal overreach, with ripple effects nationwide. Adherence to the rule of law and reinforcement of judicial integrity are essential. Fostering dialogue will steer Rivers State—and Nigeria—toward stability and progress. We call on all stakeholders, from the Presidency to the grassroots, to act decisively and patriotically to resolve this impasse. This country belongs to all of us, and we must work together to make it a better place now and generations to come. May God bless the Federal Republic of Nigeria.

Signed by:

  1. Accord for Community Development (ACD)
  2. Adinya Arise Foundation (AAF)
  3. Advocates for Peace, Nature and Gender Justice (APNAG)
  4. Agape Foundation for Literacy and Rural Development (AFLRD)
  5. Agnemark Initiative for Environmental Sustainability and Social Development.
  6. Alheri Peace Building and Empowerment Foundation (APBEF)
  7. Amaclare Connect and Development Initiative
  8. ApiriHallowed Foundation (AHF)
  9. Association for Public Health Education and Legal Research Documentation in Nigeria (APHELRDiN)
  10. Azuka and Ify Ubani Foundation
  11. Begonia Flora Education and Communication Initiative
  12. Biakwan Light Green Initiative (BLGI)
  13. Care Trust Development Initiative (CATRUDEVI)
  14. Career Counseling for African Women and Youth Development Initiative in Nigeria (CACAWYDYIN)
  15. Catch Them Young Community Initiative (CATYCOI)
  16. Cedars for Human Welfare Initiative (CEHUWEI)
  17. Center for Economic Empowerment and Gender Activities (CEEGa)
  18. Center for Peace Education and Community Development
  19. Centre for Citizens’ Rights
  20. Centre for Inclusive Social Development (CISD)
  21. Centre for Women’s Health and Information (CEWHIN)
  22. Child Health Organisation (CHO)
  23. Citizen Community Aid and Development Initiative
  24. Community Partners for Development (CPD)
  25. Community Resilience Accountability Tracking Empowerment Initiative (CReATE-i)
  26. Connecting Villages for Sustainable Development Initiative
  27. DEVATOP Centre for Africa Development
  28. Disability Law Advocacy Project (DLAP)
  29. Dorothy Njemanze Foundation
  30. Egbema Clean and Green Initiative (ECGI)
  31. Eje Ajuaga Foundation
  32. Elixir Trust Foundation
  33. Eminent Emerging Entrepreneurs Foundation
  34. Eminent Empowerment and Inclusion Network (EMINET)
  35. Emma Ezeazu Centre for Good Governance and Accountability (EE Centre)
  36. Engage Diaspora Foundation (EDF)
  37. Equity Sustainable Development Initiative (ESDI)
  38. Exquisite Youth Empowerment Initiative
  39. Eziodu Initiative for Sustainable Environment (EISED)
  40. Faduk Care Foundation
  41. Feminist Womanifesto
  42. Flourishing Peoples’ Empowerment Initiative (FPEI)
  43. Foundation for Community Empowerment Initiative (FOCEI)
  44. Foundation for Environmental Rights Advocacy and Development (FENRAD)
  45. Foundation for Livelihood Advancement
  46. Gender Perspective and Social Development Centre (GPSDC)
  47. GlowingStar Empowerment Initiative and Development
  48. Goodwash Foundation for Health and Environmental Protection
  49. Grassroots Development and Empowerment (GRADE) Initiative
  50. Health Standard Concern Organisation (HESCO)
  51. Hedge Empowerment Foundation (HEF)
  52. Help Me to Succeed Foundation (HMTSF)
  53. Helps For All International Foundation
  54. Initiative for Community and Human Development (ICHD).
  55. Initiative for Social Development in Africa (ISODAF)
  56. Inspired Generation Leadership Initiative
  57. International Centre for Women Empowerment and Child Development (ICWECD)
  58. International Peace and Civic Responsibility Centre (IPCRC)
  59. Isaac and Patience Olugbuo Foundation
  60. Isana Centre for Information and Substance Abuse Treatment (ICISAT)
  61. Jemissanna Peace and Community Development
  62. Joy Oji Foundation for Hope and Development (JOFFHAD)
  63. Keep Hope Alive Community Development Initiative
  64. Kingdom Leaders Foundation
  65. Kollabrative Development Empowerment and Entrepreneurship (KODE-E)
  66. Koslivia Development Initiative (KODI)
  67. ⁠Legacy Care Spectrum Foundation
  68. Marusen Foundation
  69. Masammy Help Ministry
  70. Mawuwadoka Children Foundation (MCF)
  71. Mentoring Individual’s Dream (MiND) Initiative
  72. Mother of Faith Foundation (MOFF)
  73. Mowalek Centre for Sustainable Community Development
  74. Murmushi People’s Development Foundation.
  75. Nde Oduko Foundation
  76. Network of Universities Legal Aid Institutions (NULAI) Nigeria
  77. Next Generation Youth Initiative International (NeGYII)
  78. One Mind Friends Empowerment Foundation
  79. Open Arms Initiative for Sustainable Development
  80. Peace Education and Practice Network (PEPNET)
  81. Praxis Academy Abuja
  82. Regale Initiative for Community Health and Social Development (RICH-SD)
  83. Rivers Indigenous NGOs & Civil Society Network (RINGOCS)
  84. Rosana Empowerment Foundation (REF)
  85. Rosyetta Community Support Foundation
  86. Safe Community Initiative (SCI)
  87. Save The Ozone, Nigeria
  88. Saving Hand Development Initiative (SHADE-IN)
  89. Show Care Foundation (SCF)
  90. Speak Out Africa Initiative (SOAI)
  91. ⁠Stellar Community Impact Development Initiative (S-CIDI)
  92. Stop The Girl Child Discrimination Foundation
  93. Strength for the Weak Empowerment Initiative, Nigeria
  94. Sulhu Development Initiatives (SDI)
  95. The Eagle Eye Behavioural Reorientation Initiative (TEEBRI)
  96. The Havids Centre for Environment and Development
  97. The Inclusion Project (TIP)
  98. Treasure Builder Foundation
  99. Trees on Earth Development Foundation
  100. Trios Human Development Foundation
  101. Triple Justice Foundation
  102. Upline Centre for Development (UCD)
  103. Wave Foundation
  104. White Dolphins Foundation (WDF)
  105. Women and Girls with Albinism Network
  106. Women and Youth Empowerment and Development Initiative
  107. Women Inspiration Development Center (WIDC)
  108. Women of Inestimable Values Foundation
  109. YARA Care Mission (YCM)
  110. Yobe Youth Initiative and Community Development (YOYICOD)
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