Despite the rage and kick against President Bola Tinubu’s action in the declaration of a State of Emergency in Rivers State, the Sole Administrator, Ibok-Ete Ibas, has resumed and announced the release of withheld Rivers State allocations.

The Supreme Court on February 28, 2025, ruled and ordered the Central Bank of Nigeria (CBN) to stop allocating funds to Rivers State until a valid 2025 budget is presented to the State House of Assembly led by Martins Amaewhule.

Arguably, the Supreme Court did not say, “don’t release the money to suspended Governor Siminalayi Fubara,” it says, “don’t release funds to Rivers State Government,” but the same funds have been released to the government.

Less than 48 hours after Ibas assumed office as the Sole Administrator, the funds were released, and the question is, does the President have the power to counter the apex court judgment without obtaining an order from the Court to allow him to release the funds? Legal experts have various interpretations of this.

A constitutional lawyer, Angus Chukwuka, argued that the development signals foul play and victimization. He described it as executive lawlessness.
He said there should have been an order barring the judgment that ordered the withholding of the funds before releasing it to the Sole Administrator.

However, another Port Harcourt-based lawyer, Wori N. Wori, argued that the release of the funds was right because there is no governor nor assembly members at the moment. He explained that by the proclamation of the State of Emergency, all laws against the State have been suspended.
State of Emergency

Apart from the political infighting among the gladiators—the Minister of Federal Capital Territory, Nyesom Wike, the suspended Governor Siminalayi Fubara, and the State Assembly members—as well as their supporters on social media, the entire state was calm, peaceful, and the systems were running. The Guardian’s monitoring showed that schools, hospitals, markets, banks, businesses, and other aspects of the economy were functioning.
Section 305 of the 1999 Constitution states that a State of Emergency can be declared when:

(c) There is an actual breakdown of public order and public safety in the Federation or any part thereof to such an extent as to require extraordinary measures to restore peace and security.

(d) If there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.
https://guardian.ng/politics/many-questions-about-state-of-emergency-in-rivers/