National Telescope national telescope newspaper
By Olumide Olusegun, Isaac Tsegba and Ekpenyong Emmanuel |
Prominent Nigerians, including former Vice President Atiku Abubakar, the Nigerian Bar Association (NBA), and senior legal experts, have criticised President Bola Tinubu’s declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara.
Atiku, in a statement, described the move as “politically motivated and unconstitutional,” accusing Tinubu of being a partisan actor in the crisis. He condemned the federal government’s failure to prevent the escalation and warned that the decision could plunge the Niger Delta back into instability.
“The security breaches in Rivers are a direct consequence of Tinubu’s administration’s failure to act responsibly. It is unacceptable that under his watch, years of peace in the Niger Delta are being undone for political interests,” Atiku stated.
NBA Declares Tinubu’s Action Unconstitutional
The Nigerian Bar Association, through its President, Mazi Afam Osigwe (SAN), rejected the President’s suspension of Governor Fubara, his deputy, and state lawmakers.
“The 1999 Constitution does not grant the President the power to remove an elected governor or legislature under the guise of a state of emergency. Such actions amount to an unconstitutional usurpation of power,” the NBA stated.
The association stressed that Section 305 of the Constitution, which outlines conditions for a state of emergency, does not allow for the removal of elected officials. It called on the National Assembly to reject the move, warning that it sets a dangerous precedent for democracy in Nigeria.
Femi Falana (SAN): ‘This is Illegal’
Renowned human rights lawyer, Femi Falana (SAN), also condemned the action, stating that the Nigerian Constitution does not give the President the power to remove an elected official.
“In nearly 20 legal cases since 1979, courts have affirmed that only impeachment, resignation, or incapacitation can remove a governor,” Falana stated.
He criticized the appointment of a sole administrator, arguing that such a move contradicts Nigeria’s democratic principles.
PDP: ‘An Assault on Democracy’
The Peoples Democratic Party (PDP) described Tinubu’s decision as an attempt to undermine democracy.
“This unconstitutional declaration is part of a larger plan by the APC to take over Rivers State by force. It is an attack on the democratic rights of the people,” PDP spokesperson, Debo Ologunagba, stated.
The party emphasized that only the National Assembly can ratify a state of emergency and vowed to challenge the move legally.
Senator Ojudu Warns of Economic Consequences
Former Senator Babafemi Ojudu criticized the decision, warning that it could destabilize Nigeria’s economy.
“The Niger Delta crisis pushed Nigeria into recession twice under Buhari. Does the President realize that another shutdown of oil production could cripple the economy?” Ojudu asked.
He urged Tinubu to reconsider, arguing that the crisis could have been resolved politically without drastic measures.
APC Defends Tinubu’s Decision
In contrast, the ruling All Progressives Congress (APC) defended the state of emergency, blaming Governor Fubara for the crisis.
“By demolishing the House of Assembly, Fubara destroyed democracy in Rivers. The President acted within his constitutional rights to restore order,” APC spokesperson Felix Morka stated.
As the debate continues, all eyes are on the National Assembly and the judiciary, which may be called upon to determine the legality of Tinubu’s move.
