The Peoples Democratic Party Governors’ Forum (PDPGF) and the Nigerian Bar Association (NBA) have faulted President Bola Tinubu over the imposition of state of emergency in Rivers State.
On its part PDPGF has urged the president to reverse the state of emergency declared in the south south state.
Gov. Bala Mohammed of Bauchi State, who is the Chairman of the Forum made the call in a statement on Wednesday in Abuja, and described the declaration of emergency rule in Rivers as unconstitutional.
The Governor noted that it was illegal and unacceptable for the president to suspend democratically elected officials of a state.
“The PDPGF has noted with concern the suspension of democratically elected officials in Rivers by the president. We state categorically that this is a threat to democracy.
“This is a premeditated attack on Rivers, the PDP and other opposition parties in the country. It is a great threat to democracy, and an ill wind that will blow no one any good.
“It is a dangerous course of action that will not only endanger our hard earned democracy, but deepen the crisis in the country, ” the statement read in parts.
According to PDPGF chairman, the president’s action would exacerbate the crises in the nation, deepen mistrust, elevate security threats, and destroy the economy.
Also in a related development, the Nigerian Bar Association (NBA) has described the emergency rule declaration in Rivers as unconstitutional.
The President, Mazi Afam Osigwe, said in a statement on Wednesday that declaration of emergency rule remained an extraordinary measure that must be invoked strictly within constitutional limits.
“The NBA affirms its commitment to upholding the constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” he said.
Osigwe, noted that while Section 305 of the Constitution indeed vests the President with the power to declare state of emergency, there are strict conditions and procedural safeguards stipulated in that section that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.
The body said it was gravely concerned about the President’s action, adding that “the 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.”
“A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials – such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.
“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 outlines specific conditions, including: War or external aggression against Nigeria; imminent danger of invasion or war; a 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,” it stated.
The NBA further questioned whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration, insisting that political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule as such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
“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,” Osigwe’s statement said.
The NBA called on the National Assembly to reject the declaration of a state of emergency by the President and any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials.
“In light of the foregoing, the Nigerian Bar Association: Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency.
“Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.”
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