Some senior lawyers have queried the rationale behind the declaration of a State of Emergency in Rivers State by President Bola Tinubu yesterday. The lawyers argued that the president’s action is a dangerous precedent that undermines Nigeria’s democratic institutions.
Speaking on the development, a Senior Advocate of Nigeria (SAN), Amobi Nzelu, condemned the declaration, arguing that it lacks constitutional justification and represents a deliberate subversion of democratic principles. “Procedural requirements are clearly outlined in the 1999 Constitution regarding when a state of emergency can be declared.
You cannot stampede the law,” Nzelu asserted. According to Nzelu, the unfolding events in Rivers State are not a genuine effort to maintain law and order, but rather a carefully orchestrated plan driven by political and personal interests.
He lamented the increasing militarisation of Nigeria’s democratic process, warning that such actions betray the vision of the country’s founding fathers. “When we stood in 1960 to welcome Nigeria’s independence, this is not what ing fathers would be crying from their graves,” he said.
Nzelu further criticised the Federal Government for sidelining constitutional provisions in pursuit of political objectives. “For selfish and political interests, laws are ignored so they can achieve their goals. We have entered a one-chance vehicle, and we do not know where it will take us,” he added.
In his comments, a former Special Prosecutor, Special Presidential Investigation Panel for Recovery of Public Properties, Tosin Ojaomo, said: “I think President Tinubu was not properly guided, you cannot suspend demcratically elected government officials.
“The Governor of Rivers State is not the subordinate of the President, the President can only invoke Section 305 of the 1999 Constitution of Nigeria as altered when the country is at war.
“There is no war in Rivers State. It is only a political disagreement, the action of the President shows he has taken sides. The Nigerians and Rivers people must resist this oppressive decision.
“The Nigerian Bar Association (NBA) must move its annual conference out of Rivers State, since the President has used his veto power to suppress the popular wishes of Rivers people by imposing unelected officials on them.
Today is a dark day for democracy in Nigeria. “All people of conscience must speak against this presidential injustice. The shocking thing is that the President cited the decision of the Supreme Court to take this undemocratic decision. I hope this matter does not lead to a national crisis.”
Another senior lawyer and rights activist, Chief Malachy Ugwummadu, took a more measured approach, acknowledging that the President had acted within the powers granted under Section 305 of the Nigerian Constitution. However, he questioned whether Tinubu had exercised those powers in full compliance with the law.
“The issue is, has he, in this circumstance, used a sledge hammer instead of a more moderate application of the law?” Ugwummadu asked. He noted that the political turmoil in Rivers State had created an opening for the President to intervene, but he also highlighted concerns over whether the necessary conditions for declaring a state of emergency had truly been met.
“One of the crucial conditions for invoking this power is that the State House of Assembly must be unable to perform its functions. “But after the Supreme Court judgement, the Assembly is functioning,” Ugwummadu explained. “On that basis, suspending a democratically elected legislature raises serious constitutional questions,” he added.
Ugwummadu also emphasised that the prolonged crisis in Rivers State was largely the fault of local politicians who had failed to resolve their differences. “It is the politicians in Rivers State who have allowed this crisis to fester, and now it has become a national threat,” he said.
He pointed to recent attacks on national installations and the rising tensions as evidence that the conflict was spiralling out of control.
The lawyer also suggested that President Tinubu had made efforts, however, politically skewed, to mediate in Rivers State, but had ultimately lost patience. He particularly noted the role of Nyesom Wike, the Minister of the Federal Capital Territory (FCT), in exacerbating the situation.
“The President has continued to allow Wike to dominate, even from Abuja. He has the power to rein him in and even remove him from office if necessary,” Ugwummadu stated.
“But this crisis doesn’t end with Wike alone,” he added. “The President’s power is subject to National Assembly approval,” Ugwummadu noted. “If they do not ratify it, then it lacks legitimacy,” he maintained.
