Emergency Rule In Rivers: It’s Divisive, Unstatesmanlike –PDP Govs’ Forum…It’s Unconstitutional, Legally Ineffective-NBA
Governors , who are members of the nation’s leading opposition party, the PDP, have condemned the decision taken by President Bola Tinubu to declare state of emergency in Rivers State calling this unstatesmanlike, biased, and divisive.
The PDP Governors’ forum led by Bauchi State governor, Mr. Bala Mohammed, issued a statement on Wednesday expressing concern that under Tinubu’s leadership, the Minister of the Federal Capital Territory, Nyesom Wike, has become a law unto himself.
The forum criticized President Tinubu’s silence regarding the minister’s active involvement in the state crisis, describing it as both passive and enabling.
The PDP governors urged President Tinubu to reverse what they called harmful and regressive decision before it’s too late.
‘The Peoples Democratic Party Governors’ Forum notes with grave concern and utter misgiving the suspension of democratic rule in Rivers State by President Bola Ahmed Tinubu in his nationwide broadcast of Tuesday, 18th March, 2025. We stand in solidarity with Governor Siminalayi Fubara of Rivers State and the good people of Rivers State at this very difficult and trying moment of the state’s political history. There is no other time that our philosophy of touch one touch all more apt than now.
He who goes to the court of equity must go with clean hands. Mr. President, your silence on the active role played by your Minister of the FCT in the Rivers impasse is golden and enabling. He has become a law unto himself because he was playing out your script. Now we know. This is totally unstatemanly, biased, and divisive.
We state categorically that this unwarranted but premeditated attack on Rivers State and the Peoples Democratic Party and other opposition parties is today, the greatest threat to democracy in our dear country, Nigeria and it is an ill wind that will blow no one any good.
It is a dangerous course of action that will not only endanger our hard-won democracy, but will exacerbate the crises in the nation, deepen mistrust, elevate security threats, destroy the economy, and our national cohesion and stability’ the PDP governors said.
They urged President Tinubu to take to NBA’s advice, listen to the voice of reason, acknowledge that he has made serious mistakes and act impulsively.
‘The Nigerian Bar Association in its response signed by its President, Mazi Afam Osigwe, SAN, has already expressed grave concern about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Mlmembers of the Rivers State House of Assembly.
The NBA affirmed its commitment to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. In their words, ‘A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable’.
The Forum completely aligns itself with the NBA and promises to subject Section 305 (3) of the Constitution to judicial interpretation. This authoritarian shenanigan is unacceptable and cannot stand.
Mr. President is therefore called upon to listen to wise counsel and the voice of reason, as well as accept that he made grievous mistakes and acted in haste and reverse this atrocious and retrograde decision before it is too late’ the Forum added.
The Nigerian Bar Association (NBA) had earlier condemned the suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly.
Team@orientactualmags.com learned that the NBA in a statement issued by its president, Mazi Afam Osigwe, SAN, late Tuesday night, emphasized that the President Tinubu lacks constitutional power to unilaterally remove elected officials citing emergency rule.
NBA argued that such actions, while concerning, did not justify the suspension of an elected government.
The NBA explained that Section 305 of the 1999 Constitution, which governs the procedure for declaring a state of emergency although, grants the President emergency powers, it does not however allow the removal or suspension of elected officials.
The NBA noted that the only constitutional method for removing a governor or deputy governor is through impeachment as outlined in Section 188 while the removal of lawmakers must adhere to electoral laws and constitutional provisions.
The NBA argued that a state of emergency does not equate to an automatic dissolution of an elected government, and any attempt to do so is an overreach of executive power.
Tinubu’s emergency declaration also requires approval from the National Assembly within two days if in session, or 10 days if not and until such approval is granted, the declaration remains legally ineffective, NBA added.
Describing the declaration of emergency as a ‘dangerous affront’ to democracy, the NBA warned that allowing the suspension of elected officials under emergency rule could set a precedent for removing state governments based on political considerations. It urged the National Assembly to reject any attempt to ratify the unconstitutional suspension of Rivers State officials.
The NBA also called on all stakeholders, including the judiciary, civil society, and international observers, to monitor the situation closely while reaffirming its commitment to upholding Nigeria’s democracy.
It urged the federal government to resolve political conflicts through constitutional and legal mechanisms, not executive orders-Team@orientactualmags.com Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08035023079, 08059100286, 09094171980 or get in touch via orientactualmag@gmail.com. Thank you
