UPDATED: Tinubu lacks powers to suspend elected governor — PDP

…rejects emergency rule in Rivers

The Peoples Democratic Party (PDP) has condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, asserting  that the president lacks the power to suspend an elected governor.

The party described it as an unconstitutional overreach aimed at undermining democracy and forcefully seizing control of the state.

In a statement issued on Tuesday by its National Publicity Secretary, Debo Ologunagba, the PDP rejected Tinubu’s decision to suspend Governor Siminalayi Fubara and replace him with Vice Admiral Ibokette Ibas (Rtd), warning that such an action threatens Nigeria’s democratic foundations.

“The PDP outrightly rejects this attempt by the President to override the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and undermine the votes and will of the people of Rivers State by seeking to depose a democratic government and foist an undemocratic rule in the state,” the statement read.

The party insisted that Tinubu’s decision was a flagrant violation of the 1999 Constitution, which does not grant him unilateral powers to remove a democratically elected governor and impose an unelected administrator.

“This unconstitutional declaration by President Tinubu suspending Governor Siminalayi Fubara and appointing an unelected individual to govern the state is a clear attack on our nation’s democracy,” the PDP said.

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“It is an abrogation of the votes and democratic rights of the people of Rivers State to choose their leader.”

The PDP accused the ruling All Progressives Congress (APC) of orchestrating the crisis in Rivers State as part of a broader plan to forcefully take control of the state, warning that the imposition of emergency rule is part of a larger scheme to suppress opposition and establish a one-party state in Nigeria.

“The action of Mr. President clearly borders on an attempt at state capture. It is the climax of a well-oiled plot to forcefully take over Rivers State, for which the APC has been bent on stoking crisis to ensure that democracy is ultimately truncated in the state,” the statement continued.

The party further argued that the justifications given by the President for declaring emergency rule do not meet the constitutional requirements outlined in Section 305 of the 1999 Constitution.

“The reasons adduced by the President cannot justify the declaration of a state of emergency in Rivers State under the 1999 Constitution, rendering the declaration completely incompetent,” the PDP stated.

The PDP also pointed out that Tinubu had no exclusive authority to unilaterally impose emergency rule without the approval of the National Assembly, citing Section 305 (2) of the Constitution, which requires legislative oversight for such a proclamation.

“For the avoidance of doubt, Section 305 (2) provides that ‘The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation,’” the party said.

The PDP warned that the President’s order for an unelected individual to take over Rivers State was illegal and could trigger further instability across the country.

“Mr. President should recognize that his order to an unelected individual to take over the government of Rivers State is illegal and a clear recipe for crisis, a threat to the peace and stability of not only Rivers State but the entire nation,” the statement added.

The party cautioned Vice Admiral Ibas against assuming office, stating that any attempt to govern Rivers State outside the democratic process would be met with strong resistance.

“For emphasis, Governor Fubara was democratically elected for a tenure of four years, which cannot be unconstitutionally abridged,” the PDP asserted.

“Nigeria is not under military rule, where the governance of a state is by appointment by a junta.”

The PDP concluded by urging all Nigerians, civil society organizations, and the international community to resist what it described as an “assault on democracy” and a dangerous precedent that could undermine governance across the country.

 

NIGERIAN TRIBUNE