•Armoured tanks
President Bola Tinubu yesterday evening declared a state of emergency in Rivers State in a nationwide broadcast.
Citing the need to restore law and order, Tinubu announced the suspension of Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the House of Assembly of Rivers State for an initial six months.
Tinubu announced the nomination of retired Vice Admiral Ibokette Ibas as the Rivers State administrator to steer the affairs of the state, reports The PUNCH.
A few hours after the declaration, soldiers took over the Rivers Government House in Port Harcourt.
An insider said the governor was still in his official residence in the Government House when the troops swarmed over the premises around 9 pm.
The source stated, “Well, as I speak to you now, there are soldiers inside Government House but the governor is in his residence.”
Also, an Armoured Personnel Carrier was stationed at the entrance of the seat of power in the state overlooking the road.
Our correspondent, who visited the Government House along Azikiwe Road in Port Harcourt, at about 9pm observed several Sports Utility Vehicles outside the main gate with full lights on.
It could not be ascertained if the governor was about to leave the Government House.
Tension in Rivers
In many parts of the Port Harcourt metropolis, residents and motorists were seen rushing home to their families immediately after the news of the state of emergency filtered in.
People were also seen on the streets discussing the latest issue as some residents expressed dismay over the announcement and blamed the political actors for what happened.
NBA, opposition, PANDEF fault gov’s suspension
The Nigerian Bar Association expressed worries over the suspension of the democratic structures in Rivers State, stressing that the 1999 Constitution did not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency.
Rather, the President, Nigerian Bar Association, Mazi Afam Osigwe (SAN), said the Constitution provides clear procedures for the removal of a governor and deputy governor per section 188.
‘’A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” Osigwe said in a statement.
The NBA firmly asserted that the situation in Rivers State, though politically tense, did not meet the constitutional threshold for the removal of elected officials.
Osigwe argued that Section 305(3) of the Constitution outlines specific conditions under which a state of emergency may be declared and they include “war or external aggression against Nigeria, imminent danger of invasion or war, a breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.”
“Others are a clear danger to Nigeria’s existence, occurrence of any disaster or natural calamity affecting a state or a part of it and such other public danger that constitutes a threat to the federation.”
The NBA questioned whether the political crisis in Rivers State had reached the level of a complete breakdown of law and order warranting the removal of the governor and his administration.
‘’Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the association declared.
The NBA, therefore, called on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State governor and other elected officials, insisting that the approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
