A coalition of leaders of thought and political stakeholders from across the country, on Thursday, March 20, 2025, demanded an immediate reversal of what they described as “the unconstitutional proclamation of State of Emergency” on Rivers State by President Bola Ahmed Tinubu and suspension of Governor Siminalayi Fubara, his deputy and members of the State House of Assembly for six months.
Members of the Coalition led by former Vice President Atiku Abubakar, told journalists at a press conference in Abuja, that Nigerians must never allow personal political interests and the desire to hold on to power at all costs to throw the country into unavoidable chaos through brazen subversion of the principles of federalism, democracy, and constitutional governance.
They therefore called on President Tinubu to immediately revoke the unconstitutional proclamation and reinstate the elected Governor, Deputy Governor, and State Assembly of Rivers State.
The coalition urged Nigerians of good conscience, Civil Society Organisations, political groups, among others to stand firm in defence of democracy.
In the words of Atiku; “This is not just about Rivers State—it is about the future of Nigeria’s democracy”.
The political stakeholders that included Mr Peter Obi, who was represented by Yunusa Tanko, former governor Nasir El-Rufai, former Secretary to the Government of the Federation, Mr Babachir Lawal, National Secretary of the Coalition of United Political Parties, Peter Ahmeh, and the Convenor of the Alternative, Mr Segun Showunmi, among others, stressed that Rivers State is not a conquered territory, and Nigeria is not a dictatorship requiring the replacement of an ELECTED GOVERNOR with a MILITARY ADMINISTRATOR.
They noted that even when a previous administration had declared a state of emergency in parts of the country bedevilled by insurgency and acts of terrorism, the governors of the concerned states were not removed from office as the President Tinubu administration has done.
The coalition noted that the action by President Tinubu therefore represents a new low for our country.
The leaders and political Stakeholder also called on the National Assembly to reject the declaration of the State of Emergency in Rivers State by voting against the illegal action when it gets to them for approval.
The leaders said the National Assembly must stand on the right side of history and not allow itself to be used to legitimise an unconstitutional power grab just as it urged the judiciary to act swiftly in striking down the proclamation, stressing that it sets a dangerous precedent that could be used to arbitrarily remove any Governor in the future.
Atiku said; “The historical unrest in the Niger Delta should not be forgotten so soon. Past administrations had made great efforts and sacrifices to restore peace and stability to the Niger Delta, which is critical to the economic health and stability of Nigeria itself.
“This federal government should not manufacture political crises that could disrupt the fragile stability and return the country to the past that we have all prayed to leave behind for good.
The coalition noted that the action of President Tinubu in declaring a State of Emergency on Rivers State was not only unlawful but, a clear subversion of democracy and imposition of autocratic federal control over a duly elected state government.
“We strongly condemn this development and call on all Nigerians of good conscience to resist this brazen assault on the constitution of our country and the institutions of our democracy.
“Mr President’s illegal and unconstitutional proclamation was presumably driven by the protracted insidious political crisis in Rivers State, which culminated in the recent ruling of the Supreme Court.
“Naturally, we expected all parties to the dispute to follow laid-down procedures, and in good faith, to promptly implement the judgment of the highest court of the land. We note that despite provocative statements and belligerent attitude of his opponents, Governor Fubara had demonstrated goodwill and appeared disposed to the implementation of the ruling of the Supreme Court.
“However, rather than rise above the fray, the president yielded to petty favouritism and betrayed the oath that he solemnly swore to before God and man, which was to “do right to all manner of people, according to law, without fear or favour, affection or ill-will.”
“If president Tinubu had conveniently disguised his true intentions in the past, his broadcast to the nation on 18th March 2025 betrayed his bias and fell far below the standard of comportment expected from his exalted office.
“The Constitutional Violations: Illegal Removal of a Governor and State Assembly without any doubts, the Nigerian Constitution does not empower the President to remove an elected Governor, Deputy Governor, or State Assembly under any circumstances.
“The procedure for removing a Governor is clearly outlined in Section 188 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) through an impeachment process initiated by the State House of Assembly—not by presidential proclamation or arbitrary pronouncement.
“Misuse of Section 305 on State of Emergency Section 305 of the Constitution allows the President to declare a State of Emergency only in extreme cases where public safety, national security, or Nigeria’s sovereignty is at serious risk. “However, it does not grant him the power to suspend elected officials or to demolish democratic structures as he has brazenly done.
“Furthermore, Section 305(1) states that any proclamation of emergency is subject to the provisions of the Constitution—meaning it cannot override the tenure and removal procedures of a Governor.
“Failure to Meet Constitutional Requirements for Emergency Rule. The conditions under Section 305(3) for declaring a state of emergency include:
- War or external aggression
- Breakdown of public order and safety
- Natural disasters or any other grave emergency threatening Nigeria’s corporate existence
None of these conditions exist in current circumstances in Rivers State. There is no war, no widespread violence, and no breakdown of law and order warranting emergency declaration.
The political stakeholders noted that failure to Follow Due Process even if an emergency declaration were valid (which it is not), it would still require a two-thirds majority approval of ALL members of the National Assembly—that is, at least, 72 Senators and 240 members of the House of Representatives. In the words of the leaders; “If this approval is not secured, the proclamation must automatically cease to have effect”.
The Coalition of political leaders also noted that Alternative Legal Avenues Were Ignored, adding that if the issue was the dysfunction of the Rivers State House of Assembly, the President could have encouraged the National Assembly to intervene under Section 11 of the Constitution.
It further said; “However, even under such an intervention, the Governor and Deputy Governor cannot be removed by any arm of government except through constitutional means, as the proviso to S. 11(4) clearly provides”.
The leaders stressed that the Rivers State crisis was a manufactured crisis for Political Control, stressing that the State of Emergency declaration was not about security, bit about power grabbing and control.
According to the leaders; “The disagreements within Rivers State stem from the defection of 27 Assembly members from the PDP to the APC, their loss of seats under constitutional provisions, and the subsequent political manoeuvring to undermine the Governor’s mandate.
“Rather than allowing the law to take its course, the federal government has engineered a crisis to justify this obviously premeditated and brazenly cynical unconstitutional action. “We find the federal government’s excuse of pipeline vandalism quite untenable and even laughable. The security of national infrastructure falls squarely under the responsibilities of federal security agencies and privately contracted security firms.
“If this issue has to do with breach of security in whatever form, the question that should naturally be asked are: Who controls the police, the military, and the DSS? The Governor or the President?” the leaders asked.
