A coalition of Civil Society Organizations, human rights advocates, legal practitioners, and pro-democracy actors has condemned in strong terms what it termed ‘the unconstitutional actions of the Federal Government in Rivers State,’ as announced on Tuesday by President Bola Tinubu.
Tinubu announced Tuesday evening the suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly, imposed a State of Emergency in the state, and installed a sole administrator to oversee the state’s affairs.
According to the group, these actions by Mr President represent a grave assault on democracy, the rule of law, and constitutional governance in Nigeria and set a dangerous precedent that must be reversed immediately.
Among those that signed the statement were the Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS), the Foundation For Environmental Rights, Advocacy & Development (FENRAD), the Youth and Students Advocates for Development Initiative YSAD, the Society for Human Rights Advocacy and Development (SOHAD), the Human Rights, Justice and Peace Foundation (HRJPF), and the Vivacious Development Initiative (VIDI).
Others were the African Centre for Human Advancement and Resource Support (CHARS-Africa), the Abia Civil Society Network (ACSON), the ITER LUX FOUNDATION For Women and Child Development, and the Gender Equality and Good Governance Initiative (GEGGI).
The coalition cited the conditions for the declaration of a state of emergency, as contained in Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), to include War or imminent danger of war, Invasion or threat of invasion, Actual breakdown of public order and safety requiring extraordinary measures, Clear and present danger of such a breakdown, Natural disaster or calamity, Any public danger threatening the existence of the Federation, or a request from the State Governor, with the approval of two-thirds of the State House of Assembly.
According to them, the situation in Rivers State does not meet any of these conditions. They insist that the demolition of the House of Assembly complex does not amount to a security crisis that threatens national stability.
The group further highlighted the provision of the constitution in Section 11(4), which states that in cases where a State House of Assembly is unable to perform its legislative duties, the National Assembly may assume those functions. This does not extend to the removal or suspension of the Governor, Deputy Governor, or lawmakers.
It said by removing an elected Governor and Legislature, President Bola Ahmed Tinubu has violated the separation of powers (Sections 4, 5, and 6 of the Constitution), disregarded judicial precedent (Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423), which held that no Governor can be removed without following constitutional processes, and contradicted the sovereignty of the people (Section 14(2)(a)).
They demanded the immediate restoration of Governor Siminalayi Fubara and the Rivers State House of Assembly and judicial intervention against Executive Overreach, calling on Governor Fubara, the Rivers State Assembly members, and the civil society to challenge the illegal act at the Supreme Court.
They also called on the Senate and House of Representatives to reject the unconstitutional intervention and reaffirm their oversight powers under Sections 4 and 11(4) of the Constitution.
They also called for constitutional amendments to prohibit the removal of elected officials under emergency powers explicitly.
“The illegal takeover of Rivers State must not be allowed to stand. If unchecked, this action will set a precedent for arbitrary removal of state governments at will, eroding Nigeria’s democracy and constitutional stability.
“We call on all Nigerians—civil society, legal practitioners, lawmakers, the judiciary, and international organizations—to stand against this executive lawlessness,” the CSOs insisted.
