By Gbenga Akingbule.
Civil Society groups in Nigeria on Wednesday faulted President Bola Tinubu over the declaration of a State of Emergency in Rivers State, saying it was illegal and calling for its immediate revocation.
Gatekeepers News reports that group also slam the National Assembly for what it describe as “reckless disregard for due process” in endorsing the emergency rule in Rivers State saying it raises serious concerns about the independence of the legislature and its commitment.
To get the right thing done according to the civil society groups, the judiciary must rise to determine the question of the constitutionality and legality of the President’s actions.
This was disclosed during a joint world press conference led by YZ Yau, the convener of the Nigerian Civil Society Situation Room held in Abuja, Nigeria’s capital city.
According to Yau who echoed the stand of the CSOs that the president’s action must not be allowed to stand said “Section 305 of the 1999 Constitution outlines the process for declaring a state of emergency, which must be done in accordance with due constitutional procedures and with the proper checks and balances. However, nowhere in this section or any other part of the Constitution is the President granted the power to suspend duly elected officials or impose an unelected administrator. The Constitution remains the supreme law of the land, and any action inconsistent with it is null, void, and of no effect. The declaration of a state of emergency must not be a pretext for subverting democracy or bypassing constitutional governance.
“We categorically state that this action by the President is not only ultra vires but also constitutes a dangerous precedent that threatens the consolidation of Nigeria’s democracy. No provision under our constitutional democracy grants the President the unilateral power to remove elected state officials and impose an unelected administrator. This move is an illegality that was never envisaged by the drafters of our Constitution,” he said.
Yau added that: “This action sets a dangerous precedent that, if left unchecked, could be replicated in other states where the President deems it politically expedient. Nigeria has fought hard to sustain its democracy, and we must not allow an unlawful executive overreach to erode the fundamental principles of constitutional governance.
“The removal of elected officials and appointment of a supposed sole administrator through executive fiat is reminiscent of military dictatorship, not a democracy. A democratic government is built on the rule of law, the separation of powers, and the respect for constitutional authority. The President’s actions undermine these principles and signal a regression into authoritarian governance.
“We call on the judiciary to determine the question of the constitutionality and legality of the President’s actions. We are not unaware of the various controversies that have continually plagued some judicial pronouncements of the courts, even up to the level of the Supreme Court. Nigerians in general no longer believe that the country’s judges are still dispensers of justice. This negative image and impression of the courts by the citizens can only be changed by subsequent rulings of judges to reflect the need for truth, justice, and equity. However, this is an opportunity for our Judiciary to rise in the defence of Nigeria’s constitutional democracy.
“Nigeria’s democracy must be protected at all costs. No individual, regardless of office, is above the Constitution. The President’s actions in Rivers State are a grave violation of democratic norms and must be reversed without delay.
“We stand firm in our commitment to defending democracy, the rule of law, and constitutional governance. Therefore, we demand the immediate revocation of the emergency rule and the restoration of both the executive and legislative arms of government in Rivers State to pave the way for the implementation of the recent Supreme Court judgment,” the Convener of the Nigerian Civil Society Situation Room said.
