Yiaga Africa has condemned the declaration of a state of emergency in Rivers State and what it called ‘unconstitutional’ suspension of Governor Siminalayi Fubara and members of the State House of Assembly by President Bola Tinubu.
The civil society organisation then demanded immediate reversal of the declaration.
According to the civil society organisation, the action posed a grave threat to constitutional governance, rule of law and democratic practice.
It said while Section 305 of the 1999 Constitution (as amended) grants the President the authority to declare a state of emergency under specific conditions, such powers must be exercised judiciously, proportionately, and strictly in accordance with the Constitution.
The Executive Director, Yiaga Africa, Samson Itodo who said this in Abuja argued that the prevailing situation in Rivers State fell short of the threshold of actual breakdown of public order or safety to justify the declaration of a state of emergency and suspension of a democratically elected Governor, deputy governor and state legislature.
“Moreover, the suspension of a democratically elected Governor, Deputy Governor, and State Legislature is unconstitutional and lacks any legal basis. The Constitution neither expressly nor impliedly empowers the President to dismantle democratic structures under the guise of emergency powers.
“The President’s invocation of emergency powers and the appointment of a Sole administrator, a position alien to the constitution constitutes an overreach and sets a dangerous precedent.
“Furthermore, the President’s partisan tone and failure to acknowledge the underlying political conflicts fueling the crisis only exacerbate tensions and undermine public confidence in the impartiality of the Federal Government.
“Yiaga Africa cautions against the misuse of constitutional mechanisms to suppress dissent and undermine constitutional order. Such actions undermine the rule of law and Nigeria’s leadership role in advancing democratic norms in the ECOWAS region. Yiaga Africa, therefore, makes the following demands:
“The immediate reversal of the state of emergency declaration in Rivers State and full restoration of all democratic structures and institutions, including the elected governor, deputy governor, and the state legislature.
“The National Assembly should withhold legislative approval of the state of emergency as required by Section 305(6)(b) of the Constitution and should direct the reinstatement of all constitutionally elected officials in Rivers State.
“All political actors involved should prioritize the path of peace, dialogue, and genuine reconciliation to prevent further escalation of the crisis and uphold democratic stability in Rivers State. As a committed watchdog of democracy, Yiaga Africa will continue to monitor the unfolding situation in Rivers State.
“We remain steadfast in our defense of democracy, constitutionalism, and the rejection of authoritarian tendencies. We call on all citizens, institutions, and international partners to stand united in safeguarding democratic principles, the rule of law, and fundamental freedoms, even in the face of growing democratic backsliding,” the statement said.
