Date: March 21, 2025
The Economic and Financial Crimes Commission (EFCC) is reportedly set to arrest former Rivers State Governor, Siminalayi Fubara, following his suspension due to the declaration of a state of emergency in the state. With his immunity now in question, sources indicate that the anti-graft agency is preparing to revisit corruption allegations against him, which date back to his tenure as the state’s Accountant-General.
Background: Rivers State Emergency and Fubara’s Suspension
On March 18, 2025, President Bola Tinubu declared a state of emergency in Rivers State, citing political instability and threats to national security. This unprecedented move led to the suspension of Governor Siminalayi Fubara, his deputy, and all elected members of the state’s House of Assembly for six months. The President appointed retired Vice Admiral Ibok-Étè Ibas as the administrator to oversee governance in the state.
The decision has sparked widespread debate, with legal experts questioning its constitutionality, while others argue that it was a necessary step to restore order in the oil-rich state. However, with Fubara no longer in office, the EFCC has reportedly renewed its focus on his financial dealings.
EFCC Moves to Arrest Former Governor Fubara
Before his election as governor, Siminalayi Fubara was declared wanted by the EFCC in May 2022 over allegations of financial misconduct. The commission accused him and 58 others of involvement in a ₦435 billion fraud, which included charges of:
- Criminal conspiracy
- Money laundering
- Misappropriation of public funds
- Abuse of office
Despite these allegations, Fubara secured the governorship under the Peoples Democratic Party (PDP) and assumed office on May 29, 2023. His tenure was marred by political conflicts, particularly with his predecessor and political godfather, Nyesom Wike, who is now the Minister of the Federal Capital Territory (FCT).
With his suspension, legal experts argue that Fubara’s immunity under Section 308 of the 1999 Constitution may no longer apply. This development has emboldened the EFCC to intensify its probe, with credible sources revealing that the commission is considering arresting the former governor for questioning.
Can a Suspended Governor Be Investigated or Arrested?
Legal experts are divided on whether a suspended governor still enjoys constitutional immunity. However, certain factors suggest that Fubara could now be legally vulnerable:
- A State of Emergency Places the State Under Federal Control
- Under Section 305 of the Constitution, the President has the power to declare a state of emergency in any state. In past cases, such as Plateau and Ekiti States, governors were suspended, and administrators were appointed.
- Suspension Means He Is No Longer Governor
- Immunity under Section 308 applies only to sitting governors. Since Fubara has been suspended, he no longer holds executive power, meaning he could be subject to legal action.
- Legal Actions Can Proceed Against a Suspended Governor
- Without immunity, the EFCC has legal grounds to arrest and prosecute Fubara over pending corruption allegations.
Political Implications of Fubara’s Potential Arrest
The move to arrest former Governor Fubara carries significant political ramifications:
- Governance in Rivers State: The appointment of a federal administrator suggests a shift in control, which could impact policies and governance in the state.
- PDP vs APC Power Struggle: The development could deepen the ongoing political battle between the ruling All Progressives Congress (APC) and the opposition Peoples Democratic Party (PDP).
- Public Perception: The arrest of Fubara, if executed, may be seen as a politically motivated crackdown or a legitimate anti-corruption effort, depending on how events unfold.
Conclusion
With the EFCC reportedly preparing to arrest former Governor Siminalayi Fubara, the political crisis in Rivers State is set to escalate. The legal debate over his immunity, the constitutionality of the state of emergency, and the broader implications for Nigeria’s democracy remain key issues. As the situation unfolds, all eyes will be on the EFCC’s next move and how the former governor responds to these renewed allegations.
For the latest updates, stay tuned to credible news sources.
