- Says “Rivers Situation Does Not Satisfy Criteria For Declaration Of Emergency Rule”
By Kolawole Ojebisi
The South-South Governors’ Forum has faulted the declaration of state of emergency by President Bola Tinubu in Rivers State.
The Forum stressed that the situation in the oil-producing state does not satisfy the constitutional criteria for Tinubu’s action.
Relying on the section of the constitution that addresses emergency rule, the governors called for the reversal of the presidential order.
This was contained in a statement issued on Thursday and signed by the Chairman of the South-South Governors’ Forum, Governor Douye Diri of Bayelsa State in Yenagoa, the state capital.
It reads , “To reduce tensions and establish a foundation for enduring peace, we propose the Rescission of the State of Emergency.”
The forum also called for dialogue as a path forward and encouraged all parties to remain calm, uphold peace and the constitution of the country.
“In the meantime, we encourage all parties to remain calm, uphold peace and the constitution of the Federal Republic of Nigeria.
“The time for dialogue is now,” the statement read.
The forum noted the president’s constitutional duty to maintain law and order in the country as well as the governors mandate to secure peace and stability in their respective states.
The forum also pointed out that the constitution detailed procedures for the removal of a governor and deputy governor, respectively, and similarly for the members of the state House of Assembly.
According to the forum, the political crisis in Rivers State ought to be ideally resolved through legal and constitutional means rather than by executive fiat.
The statement read in part, “The South-South Governors’ Forum notes the six-month declaration of a state of emergency in Rivers State, a constituent part of our Forum, and the suspension of two democratic institutions.
“We recognise the President’s constitutional duty to maintain law and order throughout Nigeria, just as we are equally mandated to securing peace and stability in our states.
“However, the South-South Governors’ Forum expresses concern that the current political situation in Rivers State does not satisfy the criteria for declaring a state of emergency as outlined in Section 305(3) of the Nigerian Constitution (as amended). This section suggests that such a declaration should be considered under specific conditions like war, external aggression, imminent invasion, breakdown of public order, existential threats to Nigeria, natural disasters, or other significant public dangers.
“It is also worth noting that the Constitution outlines specific procedures for the removal of a governor and deputy governor, as detailed in Section 188, and similar provisions exist for the removal of members of the House of Assembly and the dissolution of parliament. In the current situation, it appears that these guidelines might not have been fully considered.
“We believe that the political disputes in Rivers State between the Governor and the House of Assembly should, ideally, be resolved through legal and constitutional means, rather than by executive fiat.”
