Ex- National Vice Chairman South-South, Democratic Front for People’s Federation (DFPF), comrade James D. Ebri, has chargedĀ President Bola Tinubu, to end the state of emergencyĀ Ā in Rivers State and the suspension of the state governorĀ Similaye Fabura and his deputy.
Ebri gave the charge while commenting on the imposition of emergency rule in Rivers StateĀ yesterday in Calabar.
Ebri, a former governorship candidate in Cross River State, also charged President Tinubu with rescinding the suspension of the state House of Assembly members.
“The call to rescind the state of emergency is necessitated by the fact that the basic requirements for the declaration of a state of emergency were not met when it was declared.
“First among the requirements for the declaration of the emergency is the consent of both the House of Assembly and the Governor of the State which in this instant case was not sought.
“It is this consent or lack of it that needs to be submitted to the National Assembly as the basis request by the President to declare the State of Emergency which the National Assembly needs to consider before approving or rejecting the approval of the state of emergency.
” Section 305( 4), of Nigeria’s constitutionĀ statedĀ that, “Governor of a state may with the sanction of a resolution supported by two thirds majority of the House of Assembly request the President to issue a proclamation of a state of emergency in the state when there is in existence within the state of the situation specified in Section (3), (c), (d) and (e).
“Of this section and such situation does not extend beyond the boundaries of the state “.
“It goes further in subsection (5) to say āThe President shall not issue a proclamation of a state of emergency in any case when the provisions of subsection (4) of this apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such a proclamation.
“ThisĀ clearly shows that for any proclamation to be made, the State Assembly and the Governor must initiate the state of emergency. It would therefore be unconstitutional for the President to unilaterally impose a State of Emergency and remove an elected Governor and Legislators.
“Section 11 of the Constitution also dwells on the issue of the House of Assembly not being able to carry out its duties. Section 11 sub-section (4) says that ” Nothing in this subsection shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office,” he maintained.
