“Please do not be deceived into talking or holding meeting with the Sole Administrator about the NBA ₦ 300 M-it is the duty of the courts and the EFCC (Remember how King Jaja was tricked into a meeting with Consul Johnston).”
By Dr. Tonye Clinton Jaja.
Your Excellency, Sir Siminialayi Fubara, GSSRS,
I am writing you this letter in my capacity as a lawyer of twenty-one (21) years, out of which 19 years has been dedicated in honing my expertise in the area of legislative law when I was awarded a Master of Laws (LLM) in Legislative Drafting degree in the year 2006.
By the grace of Almighty God, Jehovah, I was also awarded a PhD in law degree with specialisation in Legislative Drafting by the University of London.
The Rivers State Government provided a fully funded scholarship for my PhD degree, so I consider it a payback to provide this free legal advice and advisory on an issue of public interest pertaining to Rivers State.
Without further ado, let me go ahead to provide you with my legal advice as follows:
- The legislation ( State of Emergency (Rivers State) Proclamation, 2025),” enacted pursuant to Section 305 of the Constitution of the Federal Republic of Nigeria, 1999) that PURPORTEDLY Proclaimed the State of Emergency in Rivers State is fundamentally flawed on three grounds as follows (1) the conditions precedents that ought to arise or pre-empt the declaration of a State of Emergency had not existed in actual fact before the 18th March 2025, (2) the requirement of two-thirds majority votes of the 469 members of the National Assembly was not satisfied as testified to be both Senator Aminu Tambuwal and a member of the House of Representatives and (3) there is a 2001 ECOWAS Treaty legislation that forbids both Nigeria and other governments of ECOWAS countries from utilising non-elected officials (such as the Sole Administrator of Rivers State) in the governance of both national and sub-national governments.
- Flowing from the foregoing, in the event that you are issued a letter of invitation by the said Sole Administrator of Rivers State, either your good self or your lawyers would do well to the first the following questions as follows: (1) in view of the recent disclaimer issued by the Government of the Sole Administrator that fraudsters are using his own name and the Office of the Secretary to the Rivers State Government to issue different letters, let him confirm the authenticity by publishing the said letter in at least three daily newspapers with national spread; (2) since Governor Fubara is a governor elected on the platform of the Peoples Democratic Party (PDP) whose Governors have recently filed a lawsuit against the Federal Government at the Supreme Court of Nigeria. The primary issue for determination is whether both the legislation purporting to proclaim a State of Emergency in Rivers and the appointment of the Sole Administrator is in accordance with the Nigerian Constitution. Therefore, lawyers it follows logically that the issue of sub-judice arises and prevents the Sole Administrator from taking further action such as issuing any summons or invitation to Governor Fubara;
- The House of Representatives, National Assembly, has recently announced that they have established a 21-man Committee to oversight Rivers State headed by its Majority Leader, Prof. Julius Ihonvbere. The House of Representatives, National Assembly, announced that this Committee is part of the Resolution when they allegedly voted in favour of the Proclamation of a State of Emergency in Rivers State. The implication is that lawyers to His Excellency Governor Fubara ought to confirm from the said Committee whether any summons or invitation from the Sole Administrator has received their prior legislative approval;
- Assuming though not conceding that all the preceding pre-requisite requirements having been satisfied, another crucial question is whether the Sole Administrator’s purported summons of invitation to Governor Fubara and his Deputy (for purposes of providing documents regarding their financial transactions including the payment of the ₦300,000,000 to the Nigerian Bar Association-NBA) is in accordance with the primary function assigned to him under the purported legislation that Proclaimed a State of Emergency in Rivers State. The answer is an emphatic “no”. The primary duty of the Sole Administrator is to apprehend the militants and oil pipelines vandals. However, since his assumption of office on 20th March 2025, the Sole Administrator has not yet announced the arrest of even one oil pipelines vandal. This primary duty/assignment of the Sole Administrator of Rivers State was clearly stated in a statement issued by the Attorney-General of the Federation (AGF) dated 20th March 2025. In the said statement, the primary reason and justification for proclamation of a State of Emergency in Rivers State was that there was imminent break down of law and order, and security on the grounds that Governor Fubara was “Tele-Guiding” militants to blow up oil pipelines in Rivers State. Another reason was to save Governor Fubara from impeachment by the Amaewhule led Rivers State House of Assembly. The first part is captured in both the long title and preamble to the said legislation which reads as follows: “State of Emergency (Rivers State) Proclamation, 2025,” President Tinubu cited Section 305 of the Constitution of the Federal Republic of Nigeria, 1999, and other enabling powers to restore good governance, peace, security, and order in Rivers State.”The gazette partly read: “Constitution Of The Federal Republic Of Nigeria 1999 As Amended State Of Emergency (RIVERS STATE) Proclamation, 2025. “Whereas, there is a clear and present danger of an imminent breakdown of public order and public safety in Rivers State of Nigeria, which require extraordinary measures to avert such danger. “Whereas, there is a clear and present danger of the looming crisis in Rivers State which, if left unchecked, could degenerate, leading to massive loss of lives and property in the State:”Whereas, extraordinary measures are required to restore good governance, peace, security and order in Rivers State:”NOW therefore, in exercise of the powers conferred upon me by section 305 of the Constitution of the Federal Republic of Nigeria, 1999 and all other powers enabling me in that behalf, I, BOLA AHMED TINUBU, GCFR, President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigera, hereby make the following proclamation.”Proclamation of a State of Emergency in Rivers State: As from the commencement of this Proclamation, a State of Emergency is hereby declared in Rivers State…”
- According to the Nigerian Security and Civil Defence Corps Act, 2007, it is the primary duty of the Nigerian Security and Civil Defence Corps to arrest oil pipelines vandals anywhere in Nigeria, instead of the Federal Government (and the Sole Administrator) of Nigeria to abide by this legislation to comply with this legislation by requesting a formal report from the said statutory agency on the status of oil pipelines vandalism in Rivers State as a pre-requisite justification for proclamation of a State of Emergency in Rivers State and thereafter, the President and the AGF (and now the Sole Administrator) are acting unilaterally based upon their own whims and caprices without any shred of empirical evidence to support the allegations of a breakdown of law and order and security in Rivers State;
- Assuming though not conceding that the decision to pay ₦300,000,000 (three hundred million naira) to the Nigerian Bar Association-NBA by the administration of Governor Fubara is a fraudulent activity, the Economic and Financial Crimes Commission (EFCC) which is estimated under the EFCC Act, 2003 is the government agency that has the responsibility to undertake such investigation and recovery of the said sum of money. Therefore, the lawyers of Governor Fubara should do well to point this out. Also, it is important to point out to the Sole Administrator that even the EFCC is not an autocratic institution, all its steps in investigation and recovery of funds are subjected and supported by orders of court of law, therefore, the Sole Administrator might learn from that to seek an Order of a court of law in taking steps such as writing summons or invitation to Governor Fubara.
Having dealt with the legal issues, let me conclude by using evidence and lessons from history to provide advice to His Excellency Governor Fubara on why he should be circumspect in honouring any summons or invitation from either the Sole Administrator or the Committees of the National Assembly.
Your Excellency, Governor Fubara, you yourself attended the secondary school located at Opobo town.
Did you know that the secondary school was originally built in the year 1944 with the sum of £11,420 that was ordered by the Parliament of the United Kingdom to be paid to the descendants of King Jaja of Opobo.
According to the United Kingdom, the said money was paid as compensation for the illegal “kidnapping” of King Jaja in the year 1887. The kidnapping was done by the British Consul Harry Hamilton Johnston who had invited King Jaja for a meeting aboard the ship named HMS GOSHAWK.
HEREIN LIES THE LIES, YOUR EXCELLENCY, SIR, PLEASE KINDLY SHINE YOUR EYES, BE CIRCUMSPECT IN ACCEPTING TO SPEAK ON ANY MATTER OR ATTENDING ANY MEETING WITH THE SAID SOLE ADMINISTRATOR OF RIVERS STATE.
Remember that on the face of it, the purpose of the said meeting between Johnston and King Jaja was to have an amicable discussion on how to resolve the issues of trade disputes between the Kingdom of Opobo and the traders of the British Empire and their allies.
REMEMBER THAT THERE ARE BETRAYERS AND SELL-OUTS.
It is on record that the then King of Grand Bonny was one of those who advised the British officials to kidnap King Jaja and remove him from the Niger Delta region because King Jaja was dominating the palm oil trade within the region.
Also, remember that Chief Uranta, who ran away from Opobo Kingdom to establish Queen’s town was also a betrayer and one of the excuses that the colonial British officials used as justification to kidnap and exile King Jaja. The British alleged that King Jaja was forcing people like Chief Uranta and other smaller Kings to swear juju others who were converts to Christianity.
Your Excellency Sir, let me conclude by appealing that you please kindly take time to read the entire story as I have culled it from different historical sources.
Your name has already been written in gold in the annals of Nigerian history as one of those who resisted illegality just like your forebear, King Jaja of Opobo!!!
Yours faithfully,
Dr. Tonye Clinton Jaja.
16th April 2025.
Below are the stories and references as follows:
https://www.jstor.org/stable/718465-K.C. Murray, Opobo Today in AFRICAN TIMES, 1944, page 134 wrote: “The Parliament of the United Kingdom voted £11,420 in settlement of a 50 year old claim against the”KIDNAPPING” of King Jaja by Consul (Sir) Harry Johnston in 1887. In this they were assisted by Sir William Geary, Mr. Sorensen, M.P. and Colonel Ponsonby M.P. A report says that the money was used to provide a secondary school.
Joseph Davey, Department of History, Humanities and Languages, University of Houston, USA in his writing which is published online, provides a copy of the letter from Johnston to King Jaja of Opobo (1887) wherein he, Johnston reassures king Jaja that the purpose of the meeting was to discuss and reach amicable solutions.
Although King Jaja initially turned down the invitation because he …
Jaja requested that Johnston send a white man to Opobo to be held until he was safely returned from the palaver. Johnston refused this: see https://oxfordre.com/africanhistory/display/10.1093/acrefore/9780190277734.001.0001/acrefore-9780190277734-e-582?p=emailAmva8eKP3208.&d=/10.1093/acrefore/9780190277734.001.0001/acrefore-9780190277734-e-582
Another source of rich information on the history of King Jaja is Elias Ediase Courson’s PhD thesis submitted to the University of Berkeley in the year 2016, it is available online at: https://www.google.com/search?q=Elias+Courson+king+jaja+opobo+University+of+Berkeley&client=ms-android-transsion&sca_esv=26ff8a3d5dba2cb8&biw=360&bih=688&sxsrf=AHTn8zo-95OthEYkZs2R5s4zkTJ8T6veCA%3A1744787190061&ei=9lb_Z8-9A52qhbIPzYaQwQY&oq=Elias+Courson+king+jaja+opobo+University+of+Berkeley&gs_lp=EhNtb2JpbGUtZ3dzLXdpei1zZXJwIjRFbGlhcyBDb3Vyc29uIGtpbmcgamFqYSBvcG9ibyBVbml2ZXJzaXR5IG9mIEJlcmtlbGV5MggQABiABBiiBDIFEAAY7wUyBRAAGO8FMgUQABjvBTIFEAAY7wVIx0tQ_RNYv0twAHgAkAEAmAHDBKABihqqAQkyLTIuNC4xLjK4AQPIAQD4AQGYAgagAscTwgIIEAAYsAMY7wWYAwCIBgGQBgOSBwUzLTMuM6AH-RqyBwUzLTMuM7gHxxM&sclient=mobile-gws-wiz-serp#vhid=zephyr:0&vssid=atritem-https://escholarship.org/content/qt8rp958w7/qt8rp958w7.pdf
1887, Harry Johnston, then the British Consul for the Niger delta region, sent King Jaja of Opobo a letter offering him two options: either sign an agreement to step down as monarch and be exiled to the Gold Coast for trial or return to Opobo as an enemy of the British Crown, which would justify the use of force against Opobo.
This letter was part of a larger strategy by Johnston to exert British control over the region and remove Jaja, who was a powerful and independent ruler, from his position.
Details of the Letter and its Context:
Two Choices :
Johnston presented Jaja with a stark choice, essentially forcing his hand.
Forced Exile:
One option was to sign an agreement to step down and be sent to the Gold Coast for trial, effectively exiling him.
Justification for Force :
The other option was to return to Opobo, where Johnston could then justify the use of British naval force against the town and its inhabitants.
Underhanded Tactics:
Johnston’s actions were widely condemned as manipulative and a miscarriage of justice even within the British government.
Jaja’s Concession :
Jaja, facing the threat of violence against his people and considering the safety of his son and chiefs in England, ultimately accepted Johnston’s demands and agreed to exile.
Another historical source is the Hansard (verbatim report of the debates of any Parliament) of Friday 2nd March, 1888 (one year after the trial of King Jaja), for the avoidance of any doubts, a verbatim record of the said Hansard is reproduced hereunder:
“The text on this page has been created from Hansard archive context, it may contain typographical errors.
MR. W. REDMOND
(Fermanagh, N)
Asked the under Secretary of State for Foreign Affairs, whether he will state the circumstances attending the conviction and exile of king Jaja of Opobo, whether he will inform the house what offence the king was charged with, and what evidence was brought in support of the charge and why the trial took place at Accra, a place 600 miles from Opobo, where the king had no friends and no means of meeting the charges brought against him?”
THE UNDER SECRETARY OF STATE
(Sir JAMES FERGUSSON) (Manchester, N.E.)
Real Admiral Sir William Hunt-Grubbe, commanding the West African Squadron, was directed to inquire into the charges against king Ja-Ja of Opobo, it was proved to the satisfaction of the Admiral that Ja-Ja had incited armed resistance to her Majesty’s Consul when he visited the upper waters in order to open the interior to British trade, so that he (British Consul) was forced back and that he (Ja-Ja) had broken the conditions of the Protectorate Treaty (1884).”
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