State of emergency in Rivers, an impeachable offence — PRP

The Peoples Redemption Party (PRP) has described President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, which led to the suspension of Governor Siminalayi Fubara, his deputy, Professor Ngozi Odu, and members of the State House of Assembly, as an impeachable offence.

According to the PRP, the President’s decision not only undermines the country’s democratic framework but also exceeds constitutional limits.

While Section 305 of the Nigerian Constitution empowers the President to declare a state of emergency under specific and stringent conditions, it does not grant the authority to suspend or remove elected state officials.

A statement signed by PRP’s national publicity secretary, Comrade Muhammed Ishaq, titled “Tinubu’s State of Emergency Order on Rivers State: An Impeachable Offense”, and made available to Tribune Online on Wednesday evening in Abuja, said the disputes in Rivers should have been handled politically and through established constitutional mechanisms rather than through executive fiat by the President. 

“The Peoples Redemption Party (PRP) unequivocally condemns the recent declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, along with the unprecedented suspension of the duly elected Governor Siminalayi Fubara, his Deputy, and the members of the Rivers State House of Assembly. This decision not only undermines the democratic framework of our nation but also constitutes a serious breach of the 1999 Constitution, which serves as the bedrock of Nigeria’s governance.

“The PRP asserts that the President’s actions reflect a dangerous and unconstitutional overreach of executive power.

“According to Section 305 of the Nigerian Constitution, the President may declare a state of emergency under specific and stringent conditions.

“However, this provision does not grant the authority to unilaterally suspend or remove elected state officials. Such actions are a direct affront to the principles of democracy and the rule of law, which have been painstakingly established in our nation.

“We note with grave concern that the political tensions and alleged issues leading to this declaration do not rise to the level of a constitutional crisis that would warrant the suspension of an entire state government.

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“The disputes that have arisen within Rivers State are political in nature and should be resolved through established constitutional mechanisms, such as the judiciary, rather than through executive fiat.

“Legally, the declaration of emergency in any state is dependent on the confirmation of the National Assembly.

“To remove a democratically elected official under the guise of emergency powers sets a perilous precedent that could lead to future abuses by the executive branch. 

“The PRP emphasizes that the essential tenet of democracy is the recognition and respect of the electorate’s choice. No citizen should live in fear that their duly elected leaders can be dismissed by unilateral and arbitrary decisions from the Presidency.

“We call on the National Assembly to uphold its constitutional duty by categorically rejecting this unconstitutional action. It is imperative that the Assembly acts decisively to reaffirm the principles of democratic governance and the rule of law. 

“The approval of a state of emergency must be based on solid constitutional grounds, and not on political expediency or conjecture.” 

Among others, the PRP demands the immediate reinstatement of Governor Fubara, his Deputy and the members of the Rivers State House of Assembly; a comprehensive review of the President’s actions to ensure accountability and adherence to the Constitution; a commitment from the National Assembly to safeguard the democratic process by investigating and nullifying this illegal suspension.

“A serious review of the President’s purported Declaration of a State of Emergency in Rivers State against our extant constitutional provisions to determine whether or not his action amounts to an impeachable offense, and if so, to commence proceedings accordingly.

“The PRP stands firm in its commitment to protect Nigeria’s democracy and uphold the Constitution. We call on all citizens, civil society organisations and the international community to denounce this executive overreach and advocate for the restoration of democratic governance in Rivers State.

“Together, we must ensure that Nigeria’s democracy remains robust and intact, free from intimidation and arbitrary power,” the statement concluded.

NIGERIAN TRIBUNE