Rivers emergency rule, violation of 1999 constitution — CUPP

The Coalition of United Political Parties (CUPP) has strongly condemned President Bola Ahmed Tinubu’s declaration of a State of Emergency in Rivers State, describing it as a blatant violation of the 1999 Constitution and an alarming abuse of power. The coalition vowed to seek legal redress to quash what it considers the latest assault on the country’s constitutional democracy.

 

On Tuesday, during a nationwide broadcast, President Tinubu declared a State of Emergency in Rivers State, suspending Governor Siminalayi Fubara, his deputy, and all members of the House of Assembly for an initial six-month period. This action followed the protracted political crisis in the state.

 

CUPP made its stance known in a statement signed by its spokesperson, Comrade Mark Adebayo, a copy of which was made available to newsmen on Thursday. The coalition described the State of Emergency, which it argued was unwarranted, as “unacceptable and a crude coup against Nigeria’s democracy and the people of Rivers State, favoring the dark ambitions of greedy political desperados.”

 

Strongly opposing the move by President Tinubu, CUPP recalled that former President Goodluck Jonathan, who declared a State of Emergency in Adamawa, Borno, and Yobe States in May 2013, “rejected the illegal advice of some power mongers to remove the elected governors and dissolve other democratic structures in the affected states.”

 

The coalition further noted that Governor Fubara had demonstrated a strong willingness to comply with the Supreme Court ruling but was frustrated by “local political blackmailers and propagandists who keep suffocating Rivers State.”

 

According to CUPP, the governor compiled and presented the budget, but lawmakers in the State Assembly “ran away from receiving it, meaning their interest was not in the budget but in ensuring that the people of Rivers State— their own people— suffer and die from hunger.”

 

“The governor wrote another letter to them, and they claimed to have gone on recess on Friday evening. Yet, suddenly, the same people who went on recess on Friday woke up on Monday to claim they had commenced a purported impeachment proceeding— just to distract from the scheduled budget presentation this week.

 

With this declaration, the Federal Government and its political allies have systematically undermined peace in Rivers State. The recent pipeline explosion— likely a deliberate act by Abuja-backed elements— is a calculated attempt to justify emergency rule,” CUPP stated.

 

Citing constitutional provisions, the coalition emphasized that state governments are independent entities that do not answer to the Federal Government, warning that allowing this unlawful suspension “sets a dangerous precedent for dictatorship masked as democracy.”

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Furthermore, CUPP argued that usurping the National Assembly’s power to take over a State Assembly and giving it to the Federal Executive Council (FEC) is a coup against Nigeria’s democracy.

 

“This suspension violates Section 1(2) of the 1999 Constitution (As Amended), which explicitly prohibits any forceful takeover of government outside democratic and constitutional processes.

 

The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

 

Suspending a sitting governor violates this provision, as no state of emergency grants the President the power to remove or suspend a duly elected official.

 

The Supreme Court of Nigeria has consistently ruled that the declaration of a state of emergency does not empower the President to remove elected officials.

 

In A.G. Federation v. A.G. Lagos State (2013) LPELR-20974(SC), the Supreme Court ruled: ‘Under no circumstances shall the democratic structures be suspended or dissolved, even in a state of emergency.’

 

Similarly, in A.G. Plateau State v. A.G. Federation (2006), the Supreme Court invalidated the removal of elected officials during a state of emergency in Plateau State.

 

In 2013, former President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa States, yet he did not remove or suspend the governors. He stated that ‘all democratic structures remain intact’ while security operations intensified.

 

The Constitution is unequivocal regarding the removal of a duly elected governor. Section 188 clearly outlines the impeachment process, which is the sole legal mechanism for removing a governor, and it is exclusively the prerogative of the State House of Assembly. Nowhere in the Constitution is the President granted the authority to suspend a governor or their deputy.

 

Furthermore, Section 1(2) of the Constitution explicitly states:

 

‘The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.’

 

President Tinubu’s actions are, therefore, unconstitutional, undermine the rule of law, and will be vigorously challenged by the coalition.

 

Section 11(4) and (5) of the Constitution allow the National Assembly to intervene in the affairs of a State House of Assembly only in cases where the Assembly is unable to perform its functions due to a crisis.

 

Even in such circumstances, this provision does not extend to suspending an elected governor or deputy. Additionally, Section 308 grants immunity to governors and their deputies from civil or criminal proceedings while in office, raising serious questions about the legal basis for the President’s actions,” CUPP stated.**

 

The coalition, however, praised Governor Fubara for maintaining peace despite the provocation, urging him to remain strong and rally the people of Rivers State to ensure that his constitutional powers are not taken away under any guise— including challenging this illegality at the Supreme Court.