Civil Society Organizations (CSOs) in Nigeria’s South-South region have urged the Judiciary to nullify President Bola Tinubu’s declaration of a State of Emergency in Rivers State, describing it as unconstitutional and an overreach of executive power.
This appeal follows the National Assembly’s ratification of the President’s decision.
In a joint statement released over the weekend and endorsed by more than 16 CSOs across the region, the organizations condemned Tinubu’s proclamation, asserting that it undermines democratic principles and the rule of law. They argued that the President’s invocation of Section 305 of the Nigerian Constitution lacked justification and was an outright violation of constitutional provisions.
Violation of Section 305 of the Constitution
According to the CSOs, Section 305 outlines specific conditions for declaring a state of emergency, including severe threats to national security, public safety, or the state’s existence. However, they insisted that none of these conditions were present in Rivers State, making the Federal Government’s action an excessive use of authority.
Rather than pursuing a peaceful and democratic resolution to the political tensions in Rivers State, they accused the Federal Government of adopting an authoritarian stance that threatens constitutional governance.
Legislative Complicity and Democratic Concerns
The statement further criticized the National Assembly’s role in approving the proclamation. The CSOs highlighted procedural irregularities, such as the Senate’s use of a voice vote and the House of Representatives’ refusal to conduct a headcount, as clear breaches of the constitutional mandate that requires a two-thirds majority from both chambers to validate such a declaration.
“We emphasize that the Nigerian Constitution does not authorize the President to remove an elected governor or dissolve a state legislature under any circumstances. If this unconstitutional move is not overturned, it will set a dangerous precedent, threatening democratic governance in other states,” the CSOs stated.
Call for Judicial Intervention and Global Awareness
The groups are urging the Judiciary to uphold constitutional law by annulling the state of emergency. Additionally, they demand the immediate reinstatement of Governor Sim Fubara and the Rivers State House of Assembly.
Furthermore, they are calling on Nigerians and the international community to condemn this violation of democratic governance and resist any attempts to undermine Nigeria’s constitutional order
For further insights into Nigeria’s constitutional provisions on states of emergency, refer to Nigeria’s Constitution and State of Emergency Guidelines.
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