Rivers State OF Emergency Under Fire: Chidoka, Inibehe, And Sowore Speak Out Against Presidential Decree

On Tuesday, President Bola Tinubu declared a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, his deputy, and members of the House of Assembly. The President cited the Governor’s actions as the cause for the state of emergency. In response, Governor Fubara issued a statement explaining that his efforts were focused on complying with a Supreme Court ruling, but he faced resistance from the House of Assembly, which he claimed was loyal to Federal Capital Territory (FCT) Minister Nyesom Wike.

Reacting to the President’s declaration, Chidoka, the former Minister of Aviation and Aerospace Development, questioned the legality of the President’s decision to remove the Governor. On his handle, he stated, “The Federal Republic of Nigeria shall not be governed, nor shall any persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of the constitution.”

Sowore, the former presidential candidate of the African Action Congress (AAC), called on citizens to demand the removal of President Tinubu. He wrote on his handle, “A state of emergency should be declared on the Asiwaju Bola Ahmed Tinubu regime, and Nigerians must recognize that the time for such action is now.”

Inibehe, a constitutional lawyer, argued that President Tinubu did not have the constitutional authority to suspend the Governor and members of the Rivers State House of Assembly. He pointed out that the emergency powers granted to the President under Section 305 of the 1999 Constitution and the Emergency Powers Act 1961 do not allow for the removal of a state governor. “An elected state governor can only cease to hold office through impeachment, resignation, permanent incapacitation, death, or expiration of tenure,” he explained, adding that any attempt to remove a governor under the guise of a state of emergency would be unconstitutional. He also noted that although a similar precedent was set during the Olusegun Obasanjo era in Plateau State, it remains an illegal action.