Chinedum Treasure
A citizen group, Anambra Civil Society Network (ACSONet) has strongly criticized President Bola Tinubu’s declaration of a State of Emergency in Rivers State, labeling it as unconstitutional and an overreach of executive powers.
The group speaking through its leader, Prince Chris Azor, argued that such an action is unconstitutional and undermines democratic principles and the rule of law.
The statement urges President Tinubu to immediately reverse the declaration, emphasizing that the declaration of a state of emergency should only be used in extreme circumstances where there is a clear and present threat to public safety and order, and only after due consultation with relevant stakeholders, and with the approval of the National Assembly.
Furthermore, the civil society group is calling on the National Assembly to reject the declaration, asserting that it is their constitutional duty to check executive overreach and protect the democratic rights of citizens.
The group argues that the National Assembly must act swiftly to ensure that the principles of democracy and the rule of law are upheld.
Acknowledging that the situation in Rivers State had been tense, the group noted that citizens were advocating for dialogue and peaceful resolution of conflicts rather than the imposition of a state of emergency, which they believe could exacerbate the situation and lead to further instability.
“We urge all parties involved to prioritize the welfare of the people and work towards a peaceful and lasting solution” the release said.
Comrade Azor aligned with other stakeholders like the Nigerian Bar Association (NBA) who posited that ”This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.
The NBA was of the opinion that even as Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.
For the NBA, “The 1999 Constitution does 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 Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188.
Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances. 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”
The group however, called on Nigerians especially the residents of Rivers State to remain clam and avoid taking laws into their own hands to cause any breach of peace.
“All relevant authorities and stakeholders must act in accordance with the law and the country’s best interest” the release concluded.
About Author
