29/09/2026
LEGAL OPINION ON THE PURPORTED EXTENSION OF THE TENURE OF THE GOVERNOR OF RIVERS STATE BEYOND MAY 29, 2027 FOLLOWING THE 2025 STATE OF EMERGENCY
By: Fun-ororo Narebor, Esq.
1.0 INTRODUCTION
This opinion is sought on the recent public statement credited to His Excellency, Sir Siminalayi Fubara, Governor of Rivers State, to the effect that his tenure will end in November 2027 and not May 29, 2027, on the ground that the six (6) months period he spent out of office during the State of Emergency declared by the President in 2025 should be added to his tenure.
2.0 FACTS
a) That the Governor was sworn into office on May 29, 2023 for a four-year term.
b) That on March 18, 2025, the President declared a State of Emergency in Rivers State, suspended the Governor, Deputy Governor and House of Assembly, and appointed Vice Admiral Ibok-Ete Ibas (Rtd) as Sole Administrator.
c) That the suspension lasted six months and the Governor was reinstated on September 18, 2025.
d) That INEC has scheduled the next Rivers State Governorship election for February 6, 2027.
3.0 ISSUES FOR DETERMINATION
i) Whether by virtue of Sections 180 and 305 of the 1999 Constitution, the period of suspension can be added to extend a Governor's tenure beyond four years.
ii) Whether without an Order of Court, the Governor can unilaterally extend his tenure to November 2027.
4.0 APPLICABLE LAWS AND JUDICIAL PRECEDENTS
a) Section 180(1) & (2) of the 1999 Constitution (as amended): Provides that a Governor holds office for four years from the date of taking the Oath of Office.
b) Section 305 of the Constitution: Provides for declaration of State of Emergency. It does NOT provide for suspension or removal of an elected Governor. A Governor can only vacate office under Section 180(1) (a)-(d) by death, resignation, impeachment or incapacity.
c) Peter Obi v INEC (2007) 11 NWLR (Pt 1046) 436 SC; Ladoja v INEC (2007) 12 NWLR (Pt 1047) 119; Marwa v Nyako (2012) 6 NWLR (Pt 1296) 199: The Supreme Court held that a Governor's four-year tenure is sacrosanct, inviolable and cannot be abridged. Where a Governor is illegally removed, he is entitled to recover the lost period, which led to staggered elections in Nigeria.
5.0 OPINION
On the strength of the above:
i) The ordinary constitutional tenure of Governor Fubara expires on May 29, 2027. The constitutional clock does not automatically stop because of a State of Emergency. The February 6, 2027 election date fixed by INEC is therefore in line with Section 178(2) of the Constitution.
ii) The argument for November 2027 is not without merit, but it is not automatic. It is predicated on the unconstitutionality of suspending an elected Governor under Section 305. Since the Constitution does not contemplate suspension, learned proponents like Kenneth Okonkwo argue the period is a nullity and should be restored.
iii) However, for the extension to have legal effect, the Governor must approach the Federal High Court for declaratory reliefs that:
- The suspension was unconstitutional, null and void; and
- An order that his tenure be computed exclusive of the six months suspension period, ending on November 29, 2027.
Without such judicial pronouncement, any attempt to remain in office beyond May 29, 2027 will be unconstitutional and will create a constitutional crisis.
6.0 CONCLUSION
The law as it stands today is that Governor Fubara's tenure ends on May 29, 2027. His claim to November 2027, though morally persuasive and supported by the Supreme Court's sacrosanct tenure doctrine, requires judicial validation. He who seeks equity must approach the court.
~Fun-ororo Narebor, Esq. is a Solicitor & Advocate of the Supreme Court of Nigeria.