Prominent Nigerian lawyers and politicians have condemned President Bola Tinubu’s decision to impose an emergency rule in Rivers state, suspending the governor and his deputy, as well as the state legislature.
Tinubu announced martial rule in the oil-rich state on Tuesday, citing the political crisis between Governor Siminalayi Fubara and state lawmakers loyal to his predecessor and current FCT Minister Nyesom Wike.
Supporters of the governor had vowed to disrupt oil production in the state if the House of Assembly made good its plan to impeach Fubara. On Monday, the critical 180,000 barrels per day Trans-Niger Pipeline exploded. No group claimed responsibility.
In his response, Tinubu accused the governor of demolishing state House of Assembly complex in December 2023, and not disowning the “militants” who threatened to attak oil facilities.
“The latest security reports made available to me show that between yesterday and today there have been disturbing incidents of vandalization of pipelines by some militant without the governor taking any action to curtail them. I have, of course, given stern orders to the security agencies to ensure the safety of lives of the good people of Rivers State and the oil pipelines,” he added.
He named retired chief of navy, vice admiral Ibokette Ibas, as administrator to oversee the state’s affairs.
NBA
The Nigerian Bar Association said the political situation in the oil-rich state does not meet the constitutional threshold for a state of emergency. More importantly, the president has no power to remove elected officials of any state under the constitution, Nigeria’s top lawyers body said in a statement by its president Afam Osigwe.
“The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials,” he said in a statement.
“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.”
The NBA urged the National Assembly not to approve the declaration.
Falana
Femi Falana, a lawyer and senior advocate Nigeria, said: No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, 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 or 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.
But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”
In the cases of Adegbenro vs. Attorney-General of the Federation (1962) 1 NLR 338 F.R.A. Williams V Dr. M.A. Majekodunmi (1962) 1 NLR 328 the Supreme Court of Nigeria validated the Emergency Powers Act 1961 to justify the dissolution of democratic structures as well as suspension of fundamental human rights in western region. As there is no equivalent of the Emergency Powers Act 1961 under the current constitutional dispensation, the suspension of an elected Governor by an elected President is a constitutional anomaly under the 1999 Constitution.
In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) filed by the Bola Tinubu administration, the Supreme Court of Nigeria held that the removal of elected chairmen and councilors as well as appointment of sole administrators or caretaker committees by State Governors to run local government councils are illegal and unconstitutional. It follows to reason that the suspension of elected governors and elected members of the House of Assembly by the President is illegal and unconstitutional in every material particular.
To that extent, a serving or retired military officer cannot be imposed as a Sole Administrator to govern any state in Nigeria. Similarly, a military officer cannot be appointed by the National Assembly as a Sole Administrator to govern the Nigerian people during a war between Nigeria and another country.
Effiong
Lawyer Inibehe Effiong, said “President Tinubu has no constitutional authority or power to suspend the Governor of Rivers State and the members of the Rivers State House of Assembly. The emergency powers under the 1999 Constitution does not give such powers to the President.”
Obi
Peter Obi, presidential candidate of the Labour Party in 2023 election, condemned the move as well.
“The unilateral decision of President Bola Tinubu to remove Governor Similaya Fubara of Rivers State from office is not only unconstitutional but also reckless,” the former Anambra governor said in a statement on X.
“It has plunged us back into a state of lawlessness, hugely undoing the progress we have made in these 26 years of democratic journey.
“By disregarding the rule of law, the President has shown a dangerous willingness to trample on democracy.
“It is a degrading back door imposition of martial rule on a strategic part of the federation with all the implied negatives.”
He also urged the National Assembly “not to allow this to stand.”
Atiku
Former vice president Atiku Abubakar said “The declaration of a state of emergency in Rivers State reeks of political manipulation and outright bad faith.”
“Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers. His blatant refusal or calculated negligence in preventing this escalation is nothing short of disgraceful.
“Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.”
“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent.
“It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua. Years of progress have been recklessly erased in pursuit of selfish political calculations.”
What the law says
Under Section 305 of the 1999 Constitution which Tinubu cited, the grounds for declaration of emergency are: if the federation or any part of it is threatened by war, breakdown of public order and safety to such an extent that ordinary legal measures are insufficient, a clear danger to Nigeria’s existence, occurrence of any disaster or natural calamity affecting a state or a part of it and such other public danger that constitutes a threat to the Federation.
The constitution does not authorise the president to suspend an elected governor.
Fubara reacts
Gov. Fubara urged residents to “remain peaceful and law-abiding.”
“We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive.
“We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process.”
Discover more from Pluboard
Subscribe to get the latest posts sent to your email.