Victor EzejaThe Declaration of a state of emergency in Rivers State by President Bola Tinubu has drawn intense reactions, with the Nigeria Bar Association, (NBA), and the Peoples Democratic Party (PDP), among others, describing it as illegal.
In a statement on Tuesday night, the NBA national president, Afam Osigwe, said the declaration of a state of emergency in Rivers State by President Tinubu and suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the State House of Assembly for an initial period of six months, has “far-reaching constitutional and democratic implications.”
Join our WhatsApp ChannelPresident Tinubu, who cited the current political tension in Rivers State as a reason for making the declaration, said his actions were in line with provisions of section 305 of the 1999 constitution as amended.
However, according to the NBA president, Nigeria’s 1999 constitution does not grant the president powers to unilaterally remove an elected governor, deputy governor, or members of a state’s legislature through a state of emergency declaration.
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He explained that Section 305 of the Constitution indeed gives the President the power to declare a state of emergency, but “stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.”
He said there are laid down procedures for the removal of an elected governor and state assembly lawmakers as stipulated in the constitution but not through state of emergency declaration by the president.
“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. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188.
“Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.
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“A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” the NBA president stated.
While acknowledging that the situation in Rivers State is politically tense, NBA however, averred that it “does not meet the constitutional threshold for the removal of elected officials.”
NBA emphasised that for a state of emergency to be declared in a state, Section 305(3) of the 1999 Constitution outlines specific conditions, including: “1. War or external aggression against Nigeria.
“2. Imminent danger of invasion or war
“3. A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
“4. A clear danger to Nigeria’s existence.
“5. Occurrence of any disaster or natural calamity affecting a state or a part of it. And
“6. Such other public danger that constitutes a threat to the Federation.”
NBA further stated that political tensions resulting from disagreements or executive-legislative conflicts do not justify the declaration of an emergency rule. It said such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
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“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” NBA declared.
Giving additional reasons why Tinubu’s emergency rule declaration in Rivers State is not legal, NBA cited subsection (2) of Section 305 which provides that: “A Proclamation issued by the President under this section shall cease to have effect— (a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or (b) if the National Assembly is not in session, within 10 days after it reconvenes.”
“These provisions provide that a state of emergency declared by the President does not assume automatic validity,” NBA further submitted. “It requires legislative ratification within a defined timeframe to remain in effect.”
The NBA, therefore, emphasised that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains unconstitutional and ineffective.
The professional body of lawyers in the country described the president’s action as “unconstitutional encroachment on democratic governance and the autonomy of state governments” and called on the National Assembly to reject any attempt to ratify the removal of the Rivers State Governor and other elected officials.
It warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could, in the future, be misused to remove elected governments.
“A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits,” it further emphasised.
PDP Kicks
Similarly, the Peoples Democratic Party (PDP) described the state of emergency declaration and suspension of Governor Fubara and other elected officials as unconstitutional.
The PDP in a statement signed by its National Publicity Secretary, Hon. Debo Ologunagba, said the action is a clear attack on the nation’s democracy, an abrogation of the votes and democratic rights of the people of Rivers State.
The opposition party said the action is an attempt to state capture, adding that it was the climax of a plot by the ruling All Progressives Congress “to forcefully take over Rivers State.”
The party said the reasons given by the president cannot justify the declaration of a state of emergency in the State under the 1999 Constitution.
It expressed concerns that the imposition of emergency rule in Rivers State is part of the larger vicious plot to crush opposition, “impose a totalitarian one-party State and turn the country into a fiefdom.”
The PDP also argued that nothing in Section 305 of the 1999 Constitution relied upon by the President in the declaration grants him the exclusive powers to declare or execute the declaration of a state of emergency without recourse to the statutory approval of the National Assembly.
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“Mr. President should recognise that his order to an unelected individual to forthwith take over the government of Rivers State is illegal and a clear recipe for crisis, threat to the peace and stability of not only Rivers State but the entire nation.
‘For emphasis, Governor Fubara was democratically elected for a tenure of four years which tenure cannot be unconstitutionally abridged,” part of the statement read.
The PDP urged Vice Admiral Ibokette Ibas (rtd), who was appointed as sole administrator of Rivers State in the interim, to respect the Constitution and ensure that he does not take any action or step that is capable of derailing smooth democratic Governance in Rivers State.
“Nigeria is not under a military rule where the Governance of a State is by appointment by a junta,” PDP further emphasised.
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
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