About 24 hours after President Bola Tinubu declared a state of emergency in Rivers state and suspended Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and members of the House of Assembly, the People’s Democratic Party (PDP) has said the decision of the president cannot stand.
The party described the action of President Tinubu as unconstitutional, impracticable, invalid as no provision empowers him to dismantle a sub-national government or suspend a democratically elected state governor under any situation.
President Tinubu, according to the party, violated Section 217 (2)(c) by seeking to dismantle instead of aiding the civil authority.
“President Tinubu violated the constitution by ordering the proclamation of state of emergency in Rivers state to take immediate effect without the approval of the National Assembly which is a precondition for the commencement of a state of emergency,” the statement reads in part.
Consequently, the party has called on the National Assembly to invoke its legislative powers with regards to the constitutional breach.
The constitution, they noted, did not empower the president to dismantle a tier of government, or appoint a sole administrator to take office as the state governor or override the duties of the state assembly under any situation.
The party’s national publicity secretary, Hon. Debo Ologunagba, stated this, Wednesday, while briefing newsmen on the development in the last 24 hours regarding the Rivers crisis and the revocation of the party secretariat’s land by the FCT minister, Nyesom Wike.
The main opposition party during the address insisted that what President Tinubu is attempting to do is to suspend the 1999 Constitution, overturn a democratic government and foist an undemocratic regime in Nigeria in gross violation of Sections 1 (2), 14(2)(a), 180, 217(2)(b) (c) and 305 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The statement reads: “Section 1 Sub-section 2 provides that the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”
…It’s a violation of Nigeria’s federal structure – NBA
In the same vein, the Nigerian Bar Association (NBA) has condemned the suspension of Governor Fubara, his deputy and lawmakers, describing it as unconstitutional and a violation of Nigeria’s federal structure.
NBA President, Afam Osigwe (SAN), in a statement, Tuesday, argued that Section 305 of the 1999 Constitution allows the President to declare a state of emergency but does not grant him powers to remove an elected governor or lawmakers.
“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency,” Osigwe stated.
“Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”
He further argued that the political crisis in Rivers does not meet the constitutional threshold for emergency rule, warning that without National Assembly approval, Tinubu’s proclamation remains “constitutionally inchoate and ineffective.”
The NBA called on lawmakers to reject the President’s action, warning that it sets a dangerous precedent. It also urged the judiciary, civil society, and the international community to monitor the situation closely.
Suspension undemocratic, unconstitutional – Amaechi
A former Minister of Transportation, Chibuike Rotimi Amaechi, Wednesday, condemned what he described as “unconstitutional, brazen and unilateral suspension and removal of the governor, the deputy and Rivers state House of Assembly members” by the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu.
Amaechi, who is also the former governor of Rivers state, said Mr. President’s move has technically suspended and truncated democracy in Rivers state and it clearly violates the constitution, of the Federal Republic of Nigeria that Mr. President swore to uphold.
Amaechi stated this in a statement in Port Harcourt.
He said Section 188 of the Nigeria Constitution clearly stipulated how a state governor can be removed from office, which he said, does not include a fiat declaration, decree or promulgation by Mr. President, adding that he cannot appropriate such power to himself.
“A democratically elected state governor cannot be removed from office by a proclamation of Mr. President. The suspension of two key democratically elected arms of government in Rivers state by Mr. President evidently violates our constitution, even within the scope and interpretation of Section 305 that the president cited in his broadcast.
“The unlawful suspension of elected democratic institutions in my dear Rivers state points to a brazen attempt at power grab in the state by forces and persons who do not have such constitutional powers. The unfolding events in Rivers state in the past months, points to a clear orchestrated plot by some persons to unconstitutionally perpetrate and impose themselves on the people.
“At this inauspicious moment in our nation’s trajectory, all people of goodwill and conscience should rise to oppose this audacious violation of our constitution and rape of our democracy.”
Reject this imposition, Utomi group tells NASS
The National Consultative Front (NCF), led by Professor Pat Utomi, Wednesday, condemned the imposition of state of emergency in Rivers state by President Bola Tinubu and called on the National Assembly to reject it.
The NCF in a statement signed by its director general, Olawale Okunniyi, said there was no basis for the emergency rule in Rivers state as conditions stipulated by the Nigerian constitution for emergency rule do not yet exist in the state.
The group stated that declaration of state of emergency on Rivers state as premature and authoritarian, and that it was imposed in bad faith.
“We call on the National Assembly to reject the unjust, precipitate and illegitimate Presidential Order on the Rivers state by refusing to give parliamentary approval to the state of emergency.
“However, rather than allow the Rivers state governor, Siminalayi Fubara, the latitude of exploring and exhausting all reconciliatory options and due process provided by the Nigerian constitution, President Tinubu hurriedly moved to preempt the constitutional democratic powers of the state government to impose state of emergency, ostensibly to smash opposition influence in Rivers state.”
Rescind ugly decision, CSJ urges Tinubu
A non-profit organization,Centre for Social Justice (CSJ), also on Wednesday, called on President Bola Ahmed Tinubu to reverse the declaration of a state of emergency in Rivers state.
The body noted with regret that, “President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers state, thereby suspending the executive and legislative arms of government for six months and appointing a sole administrator, raises fundamental constitutional questions.”
Lead director of CSJ, Eze Onyekpere, in a statement in Abuja said: “By the enabling S.305 (3) of the Constitution of the Federal Republic of Nigeria 1999 as amended, the president’s power to declare a state of emergency is contingent on the following: (a) the Federation is at war; (b) the Federation is in imminent danger of invasion or involvement in a state of war; (c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security; (d) 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; (e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation.”
The statement said the first point of departure is that the wording of the provisions in the above scenarios did not begin with “in the opinion of the president” or any other public officer.
“Therefore, these circumstances are not subjective but must be manifest, founded on credible evidence and can be clearly seen and perceived by all right-thinking persons. Nigerians are yet to see the circumstances warranting this extreme step,” he added.