A coalition of Civil Society Organisations has condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State and the removal of Governor Siminalayi Fubara, his deputy, Prof. Ngozi Odu and the State House of Assembly for six months.
According to the coalition, these actions constitute an executive coup against the people of Rivers state, a flagrant abuse of executive power, a violation of Nigeria’s constitutional order, and undermining of democracy.
The CSOs at a press conference in Abuja on Friday, demanded an immediate reversal of the ‘unconstitutional’ suspension of the Governor, his deputy, and House of Assembly members in Rivers state.
Speaking for the coalition, Executive Director of #FixPolitics, Anthony Ubani, called on members of the National Assembly who were not part of the approval of the emergency rule and suspension to speak up against the alleged violation of the Constitution.
Ubani asked Nigerians to make their displeasure known to their representatives, and leverage available channels to demand a reversal of the state of emergency in Rivers State as well as push for a functional democracy.
He also urged all stakeholders, including the judiciary, civil society, and the international community to closely monitor the situation in Rivers State and ensure that any emergency measures are strictly in line with constitutional and democratic principles.
“While the president has the legal authority to declare a state of emergency under Section 305 of the 1999 Constitution (as amended), this power is not a blank check for dictatorship.The sequence of events, including the pipeline explosions (which are now doubtful) and the impeachment proceedings against the Governor, makes the call for a State of Emergency suspicious.
“Unconstitutional “opaque actions of the National Assembly; Section 305(2) requires that any proclamation for a State of Emergency be submitted to the National Assembly for approval within two days (or ten days if the Assembly is not in session), without which the emergency ceases to have effect.
“The Constitution requires two-thirds of each chamber of the National Assembly to ratify the order. This means 73 out of 109 senators and 240 out of 360 members of the House of Representatives. Yesterday, the House of Representatives approved the State of Emergency by voice vote. While a member raised a point of order from the floor, he was silenced.
“In the Senate, they had a closed-door executive session. How can citizens ensure the provisions of the Constitution were followed? The Presidency made matters worse by applauding the clear desecration of the Nigerian Constitution,”Ubani noted.
He called on the judiciary to immediately strike down the alleged blatant violation of Nigeria’s constitutional democracy, saying the Constitution does not support the unilateral dismissal of Rivers State’s elected leaders.
Ubani stressed that Section 188 sets out the due process for the removal of a governor, which requires due process, legislative inquiry, and judicial oversight, adding that no such process occurred, while noting that chapters VI and VII of the Constitution protect the autonomy of state governments within Nigeria’s federal structure.
He said the president’s actions set a dangerous precedent which if left unchallenged, would set the stage for arbitrary dismissal of any elected state government at the president’s whim, rendering Nigeria’s democracy and people’s mandate meaningless.
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