"The National Assembly's Endorsement of Emergency Rule in Rivers State: A Cause for Concern"

I am seriously concerned with the latest action by the National Assembly to support President Bola Tinubu's state of emergency declaration in Rivers State. The removal of Governor Siminalayi Fubara, his deputy Ngozi Odu, and other elected members, and the installation of a sole administrator, is a flagrant violation of Nigeria's constitutional democracy. The approval process itself—conducted by voice vote—is not transparent, accountable, and subject to the rule of law, which casts serious doubts on the legitimacy of the decision.

A Flawed Constitutional Process: The Problem with Voice Votes

The 1999 Constitution (as amended) clearly spells out the process of declaring a state of emergency. In accordance with Section 305(4), it is required to be approved by at least two-thirds of the National Assembly members. A voice vote will not be adequate for this constitutional requirement because it does not allow for clear determination of whether votes were obtained for a two-thirds majority. This failure to be transparent and to count individual votes correctly makes the process unconstitutional and unacceptable.

A Constitutional Breach
The use of the voice vote in the National Assembly is not only a breach of procedure but also an affront to the Nigerian people. The seriousness of a decision that touches government and democratic rule demands a process of integrity and full adherence to constitutional stipulations. Disenfranchisement of the democratic process and erosion of public trust in our institutions caused by the failure of the National Assembly to deliver a valid vote—by division, roll call, or electronic voting—is unacceptable.

The National Assembly's Rash Support: An Excess Response

The urgency with which the National Assembly supported the declaration of a state of emergency is extremely frightening. While the Rivers State political crisis is serious, it does not appear to demand this extreme measure. The conflict between Federal Capital Territory Minister Nyesom Wike and Governor Fubara is more or less that of power, to be solved by political and judicial means and not by decree. Using the security forces of the military and the removal of democratically elected political leaders are measures which fuel tension and not solutions, in danger of jeopardizing the democratic aspiration of the Rivers State people.

The Imposition of a Sole Administrator: A Step Backward

My greatest concern is the deployment of a sole administrator, Vice Admiral Ibokette Ibas (retired), to govern Rivers State. This move reminds me of the past moves in sabotaging democratic leadership, such as those involved by former President Olusegun Obasanjo in Plateau and Ekiti States. The removal of democratically elected leaders and the imposition of one administrator contravene the intent of Section 305 of the Constitution, which allows for a state of emergency in exceptional circumstances for the restoration of peace and security and not for the demolition of democratic institutions.

The Role of the Judiciary: Safeguarding the Rule of Law

Judiciary must play a crucial role in ending this constitutional crisis and ensuring the rule of law. Governor Fubara and the suspended public servants must approach the court urgently to contest the validity of the president's action. The judiciary must intervene to safeguard Nigeria's democracy by preventing the executive arm of government from encroaching on its limits and ensuring separation of powers as provided in the Constitution.

In Adegbenro v. Attorney-General of the Federation (1962) 1 NLR 338 and others, the Supreme Court constitutionalized emergency powers to allow suspension of democratic systems. There is no such equivalent in current constitutional jurisprudence, which means removal of elected members by the President is a patent constitutional aberration. The recent ruling in Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) clarified that the removal of elected local government councilors from power and substitution by sole administrators is unconstitutional. Similarly, the suspension of an elected governor and members of the state legislature by the President is unconstitutional.

The National Assembly, therefore, cannot approve the unconstitutional removal of Rivers State's elected legislators, least of all when there are no defecting lawmakers to be found. The National Assembly should instead utilize its constitutional power under Section 11(4) to help resolve the matter by enacting legislation promoting peace, order, and good governance in Rivers State.

A Call for Constitutional Adherence
I urge President Bola Tinubu to reinstate Governor Fubara, Deputy Governor Odu, and the suspended democratic institutions in Rivers State with immediate effect. The President's duty to restore law and order must be executed in strict compliance with the 1999 Constitution of Nigeria.

A Call for Transparency and Accountability in the National Assembly

I also call on the National Assembly to reverse its decision and conduct a real vote in the spirit of the Constitution. This is such a critical matter that cannot be addressed by a voice vote, and it is constitutionally unacceptable. In an effort to restore public trust, the National Assembly must make all decisions transparent and in line with constitutional procedures.

A Last Appeal to President Tinubu: Restore Elected Leadership in Rivers State

Finally, I implore President Tinubu to withdraw his decision and restore the democratically chosen governors in Rivers State. Declaring a state of emergency and suspending democratic institutions not only violates the Constitution but also undermines the stability and well-being of our nation. Let us take the lessons of our past mistakes and uphold the tenets of democracy, even in difficult times. The future of Nigeria's democracy is in our common commitment to constitutionalism and the rule of law.

Clifford Ogbeide
Public Affairs Analyst
Wrote from Lake District, Canada