Governor Fubara’s Return To Office

On 18 March 2025, President Bola Tinubu declared a state of emergency in Rivers State, citing issues of political instability as the reason for his decision. As always, we covered this in a newsletter titled ‘A Governor-less State’, where we delved generally into the concept of a state of emergency and the grounds on which the President or in some cases, the Governor can declare one.

Under the emergency rule, Governor Siminalayi Fubara, his Deputy Ngozi Odu, and members of the Rivers State House of Assembly were suspended. Vice-Admiral Ibok Ete Ibas (retired) was appointed Sole Administrator to run the affairs of the state.

Last week, after six months under emergency rule, President Tinubu formally lifted the state of emergency and ordered the suspension to end, reinstating Governor Fubara, his deputy, and the entire House of Assembly. However, while the legislature reconvened and key political structures formally resumed duties, Fubara himself did not immediately appear at the Government House to physically resume daily duties. His supporters had gathered for a welcome, but by afternoon it was clear he had not resumed in person.

After Reinstatement, What’s Next?
This isn’t the first time a state administration has been suspended in Nigeria on account of a state of emergency. In our first newsletter on this subject, we highlighted a few other instances. From our observation of these precedents, we will be answering some of the questions that you might have about the reinstatement and the events that may or may not unfold following the same.

Would the reinstated officials be made to swear another oath of office?
The Constitution only requires the Oath of Office to be taken upon first assumption of office. It does not require an official who is suspended, removed, or temporarily unable to exercise powers to retake the oath when restored. So legally, unless there is a vacancy (death, resignation, impeachment upheld, valid removal, expiration of term), there is no requirement for a fresh oath..

Does the Governor have to appoint new commissioners?
Again, we’ll refer to the Constitution, where the power to appoint commissioners resides with the Governor upon approval of the State House of Assembly. By law, Commissioners hold office at the pleasure of the Governor, which means that the Governor can dissolve or reconstitute the cabinet at any time. The implication of this is that Fubara is not legally compelled to appoint new commissioners simply because he has been reinstated. Although in practice, political and legal realities often make it necessary.

What happens to appointments and actions made by the Administrator?
The Sole Administrator appointed some new permanent secretaries and commissioners while in office.

Upon resumption, a reinstated Governor may sack any commissioners, advisers, or heads of agencies appointed by the Sole Administrator.
The Governor may revoke executive orders, dissolve boards, or cancel policies issued during the administrator’s reign. If the Sole Administrator purported to sign bills into law, such acts are likely invalid as only a Governor can give assent. The reinstated Governor may ignore them or more appropriate – specifically revoke them.

The reinstatement of Governor Fubara underscores the enduring tension between constitutional supremacy and political expediency in Nigeria’s governance framework. While the law does not require fresh oaths of office, compels no automatic cabinet reshuffle, and invalidates actions taken without constitutional authority, the practical reality is often tempered by political compromise. Rivers State must now reconcile legality with continuity, setting a precedent for how unlawful suspensions and emergency interventions are managed in the future.