President Bola Tinubu, in a nationwide broadcast, announced a state of emergency in Rivers State, citing the political crisis and accusing Governor Siminilayi Fubara of demolishing the State House of Assembly building. The emergency rule took effect on March 18.
However, Reuben Abati criticized the move, stating that Tinubu violated the Constitution, even under Section 305, and was poorly advised. Abati argued that Tinubu overstepped by appropriating the powers of the Rivers State House of Assembly, calling it an impeachable offense. He also condemned Tinubu’s decision to allow an appointed Administrator and the Federal Executive Council to make laws for the state, labeling it dictatorial.
Abati said:
“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.
“Section 305 of the Constitution explains the circumstances under which the President shall declare a state of emergency, and the conditions are properly stated if the country is facing a threat of war or imminent war. Is Nigeria facing the threat of war in Rivers state? That’s one question.
“It also talks about, you know, a situation whereby something could happen in any part of the Federation where, you know, Nigeria, could find itself in a chaotic situation, the President is required to act.
“Number three, where the governor in that particular state does not immediately respond, you know, to the crisis situation and does not approach the President to act in the national interest.
“So those conditions are properly spelt out. However, that same section 305, says that the President, you know, will give a proclamation, which will be gazetted, and then we’ll go to the National Assembly, and the National Assembly, if it’s in session within, I think, 48 hours would act. If it’s in recess within 10 days will act.
“If the National Assembly does not consider that particular proclamation gazetted valid, then it will vote otherwise, two thirds majority of the two houses, the Senate and the House of Representatives. And if that happens, the decision is abated.
“Let me now say that section 305 which the president quoted is the operative principle. Now let’s look at what the President said. I think that the President has violated the Constitution even within the purview of Section 305 and he has violated the Constitution because he did not, he was not properly advised to respect that Section of the Constitution.
“In what regard did he violate that Section of the Constitution? In fact, he acted as a dictator by saying that the administrator that he has appointed can make regulations and laws will be made for the Rivers State House of Assembly by the Federal Executive Council.
“The Federal Executive Council does not have such powers. Section 11 of the same constitution says that, look, when there is a state of emergency, it’s only the National Assembly that can make laws for a state House of Assembly.
“Now, President Tinubu has appropriated unto himself the powers to make laws for the Rivers State House of Assembly. That’s an impeachable offense.
“I don’t know whether the National Assembly will have the courage either to reject his gazetted proclamation or to proceed on an issue of impeachment against him for violating the Constitution of the Federal Republic of Nigeria.
“Now the other relevant portion of the Constitution is Section 188 of the Constitution which spells out how a governor can be removed from office.
“A governor cannot be removed from office by the proclamation of the president of Nigeria, it can only be really removed if there is gross misconduct, as you know, put as an allegation by the House of Assembly, and then the CJ is advised to form a panel of reasonable people, you know, people of distinguished qualities in the state.
“And if that panel now decides, within the purview of Section 180 that those allegations are wrong, that puts an end to that process. The President has not followed that.
“He has acted unilaterally. Section one, sub Section two of the same constitution says that this country, called Nigeria, cannot be governed except by the provisions of the Constitution.
“There is no provision in the 1999 Constitution that says that the president of Nigeria can unilaterally remove a governor, remove the deputy governor, remove the legislature in Nigeria.
“So, that, again, proves that this is a violation of the Constitution. The people who advised the president must be called to order.”
