Dr. Reuben Abati, a former Senior Adviser on Media and Publicity to ex-President Goodluck Jonathan, has slammed President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as an impeachable offense
In his analysis, Abati referred to Section 305 of the Nigerian Constitution, which outlines the conditions under which the president may declare a state of emergency. He pointed out that the situation in Rivers State did not meet these conditions, as the state was not facing a threat of war or imminent chaos. Furthermore, Abati argued that the president’s actions overstepped constitutional boundaries, particularly when Tinubu appointed an administrator for the state who was empowered to make regulations and laws for the state
Abati’s remarks follow Tinubu’s decision on Tuesday night to declare a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly for six months. The president cited the state’s political crisis, accusing the governor of demolishing the House of Assembly building.
In his analysis, Abati referred to Section 305 of the Nigerian Constitution, which outlines the conditions under which the president may declare a state of emergency. He pointed out that the situation in Rivers State did not meet these conditions, as the state was not facing a threat of war or imminent chaos. Furthermore, Abati argued that the president’s actions overstepped constitutional boundaries, particularly when Tinubu appointed an administrator for the state who was empowered to make regulations and laws for the state
Abati also stressed that under Section 11 of the Constitution, only the National Assembly has the authority to make laws for a state legislature during an emergency. By asserting such powers, Abati claimed that President Tinubu violated the Constitution and could face impeachment.
Additionally, Abati referenced Section 188, which details the process for removing a governor from office, emphasizing that this process involves the state’s House of Assembly and not a presidential decree
“The president has acted unilaterally, in violation of the Constitution. There is no provision in the 1999 Constitution that grants the president the power to unilaterally remove a governor, deputy governor, or members of a state legislature,” Abati concluded
He called on the National Assembly to take action against what he described as a dangerous affront to Nigeria’s democracy, urging lawmakers to consider rejecting Tinubu’s proclamation and holding him accountable for his constitutional breach.
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