Veteran journalist and former presidential media adviser, Dr. Reuben Abati, has said that President Bola Tinubu committed an impeachable offence by unilaterally declaring a state of emergency in Rivers State and assuming legislative powers.
Abati made the assertion on Wednesday during The Morning Show on Arise Television, arguing that Tinubu’s decision violated the Nigerian Constitution, particularly Section 305, which outlines the legal framework for declaring a state of emergency.
“A governor cannot be removed from office by the proclamation of the president of Nigeria,” Abati stated, emphasizing that Tinubu lacked the constitutional authority to dissolve the Rivers State legislature or appoint an administrator with regulatory powers.
His remarks followed Tinubu’s Tuesday night broadcast, where the president expressed concerns over the political turmoil in Rivers and accused Governor Siminalayi Fubara of demolishing the State House of Assembly. Tinubu subsequently declared a state of emergency, effective from March 18.
However, Abati argued that the president overstepped his constitutional powers.
“Let me first comment from an interpretation of the Constitution which the President himself highlighted. He said he was acting within the purview of Section 305 of the Constitution,” he said.
He pointed out that Section 305 only allows for an emergency declaration under conditions such as war, insurrection, or a breakdown of public order—none of which, he insisted, applied to Rivers State.
Furthermore, Abati accused Tinubu of usurping the powers of the National Assembly, stating that only lawmakers, not the president or the Federal Executive Council, can legislate for a state during an emergency.
“President Tinubu has appropriated unto himself the powers to make laws for the Rivers State House of Assembly. That’s an impeachable offence,” he declared.
He also referenced Section 188, which outlines the legal process for removing a governor, stressing that a governor can only be impeached through the state legislature and a judicial panel, not by presidential proclamation.
“There is no provision in the 1999 Constitution that says the president of Nigeria can unilaterally remove a governor, remove the deputy governor, or dissolve the legislature,” Abati said.
He called on the National Assembly to either reject Tinubu’s proclamation or initiate impeachment proceedings against the president for violating the Constitution.
“The people who advised the president must be called to order,” he concluded.
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