Chidoka, Inibehe, Sowore Fault Rivers State Of Emergency

Former Minister, Osita Chidoka; former presidential candidate, Omoyele Sowore; and human rights lawyer, Effiong Inibehe, have faulted the Rivers State state of emergency.

Naija News reported that President Bola Tinubu, on Tuesday, declared a state of emergency in Rivers State. He further suspended Governor Siminalayi Fubara, his deputy and members of the House of Assembly.

While the President blamed the Governor for his action, Fubara, in a statement, explained that he was out to obey the Supreme Court ruling, but was frustrated by the House of Assembly loyal to Federal Capital Territory (FCT) Minister, Nyesom Wike.

Reacting to the President’s declaration, former Minister of Aviation and Aerospace Development, Chidoka, disputed the powers of the President to remove the Governor.

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“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,” he wrote on his 𝕏 handle.

On his part, former presidential candidate of the African Action Congress (AAC), Sowore, called on citizens to demand President Tinubu’s removal from office.

“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,” he wrote on his 𝕏 handle.

Constitutional lawyer, Inibehe, in his submission, argued that President Tinubu had no constitutional authority or power to suspend the Governor of Rivers State and the members of the Rivers State House of Assembly.

“The emergency powers granted the president and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria under Section. 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and under the Emergency Powers Act 1961 does not enable or vest him with the power to remove a governor in whose state a state of emergency is declared.

“Under the present constitutional regime, an elected state governor can only cease to hold office by impeachment, resignation, permanent incapacitation, death and by expiration of tenure.

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“Any attempt to remove an elected state governor under the guise of declaration of the so-called ‘full state of emergency’ will be unconstitutional. Though such action is supported by the precedent set in Plateau State during the Olusegun Obasanjo dispensation, it remains an illegality

“The emergency powers under the 1999 Constitution does not give such powers to the President,” he stated.