5 Constitutional Errors Committed By Tinubu In Declaring State Of Emergency In Rivers State - Atiku

The leaders, in a joint press conference on Thursday, addressed by former Vice President Atiku Abubakar, accused President Tinubu of violating the constitution of the Federal Republic of Nigeria with his declaration.

All Facts Newspaper recalls Tinubu, on Tuesday, declared a state of emergency in Rivers State over the political crisis that has engulfed the state.

He also suspended Governor Siminalayi Fubara, his deputy and members of the state House of Assembly for six months and appointed a sole administrator to take charge of affairs in the state.

However, the concerned stakeholders on Thursday, rejected the President's position and called on Nigerians to demand justice.

They also accused the President of committing five major constitutional violations by declaring a state of emergency in Rivers State.

The political leaders accused Tinubu of illegally removing a Governor and State Assembly, misuse of Section 305 on state of emergency, failure to meet constitutional requirements for emergency rule, failure to follow due process and ignoring alternative legal avenues.

According to a statement shared by former Kaduna State Governor, Nasir El-Rufai, via his ­ØòÅ account, the details of the constitutional violations are:

1. Illegal Removal of a Governor and State Assembly

Without any doubts, the Nigerian Constitution does not empower the President to remove an elected Governor, Deputy Governor, or State Assembly under any circumstances. The procedure for removing a Governor is clearly outlined in Section 188 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) through an impeachment process initiated by the State House of Assembly-not by presidential proclamation or arbitrary pronouncement.

2. Misuse of Section 305 on State of Emergency

Section 305 of the Constitution allows the President to declare a State of Emergency only in extreme cases where public safety, national security, or Nigeria's sovereignty is at serious risk. However, it does not grant him the power to suspend elected officials or to demolish democratic structures as he has brazenly done.

Furthermore, Section 305(1) states that any proclamation of emergency is subject to the provisions of the Constitution-meaning it cannot override the tenure and removal procedures of a Governor.

3. Failure to Meet Constitutional Requirements for Emergency Rule

The conditions under Section 305(3) for declaring a state of emergency include:

´éº War or external aggression
´éº Breakdown of public order and safety
´éº Natural disasters or any other grave emergency threatening Nigeria's corporate existence

None of these conditions exist in current circumstances in Rivers State. There is no war, no widespread violence, and no breakdown of law and order warranting emergency declaration.

4. Failure to Follow Due Process

Even if an emergency declaration were valid (which it is not), it would still require a two-thirds majority approval of ALL members of the National Assembly-that is, at least, 72 Senators and 240 members of the House of Representatives. If this approval is not secured, the proclamation must automatically cease to have effect.

5. Alternative Legal Avenues Were Ignored

If the issue was the dysfunction of the Rivers State House of Assembly, the President could have encouraged the National Assembly to intervene under Section 11 of the Constitution. However, even under such an intervention, the Governor and Deputy Governor cannot be removed by any arm of government except through constitutional means, as the proviso to S. 11(4) clearly provides.