The Peoples Democratic Party (PDP) said the declaration of state of emergency in Rivers State by President Bola Tinubu is a violation of the 1999 Constitution.
PDP in a statement by the National Publicity Secretary Debo Ologunagba, told the president that he can’t override the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and undermine the votes and will of the people of Rivers State.
The party stated that the “unconstitutional declaration by President Tinubu of the suspension of the democratically elected governor of Rivers State, Siminalayi Fubara and appointment of an unelected individual, Vice Admiral Ibokette Ibas (rtd) to govern the State is a clear attack on our nation’s democracy, an abrogation of the votes and democratic right of the people of Rivers State to choose their leader under the Constitution.”
PDP stated that Tinubu’s action was an attempt at state capture. “It is the climax of a well-oiled plot to forcefully take over Rivers State for which the All Progressives Congress (APC) has been bent on stoking crisis to ensure that democracy is ultimately truncated in the state,” the statement added.
The party argued that the situation in Rivers State “cannot justify the declaration of a state of emergency in the state under the 1999 Constitution rendering the declaration completely incompetent.”
It alleged that the imposition of emergency rule in Rivers State was part of the larger plot to foist a siege mentality across Nigeria, decimate opposition, impose a totalitarian one-party state and turn the country into a fiefdom
“In any case, nothing in Section 305 of the 1999 Constitution relied upon by the president in the declaration grants him the exclusive powers to declare or execute the declaration of a state of emergency without recourse to the statutory approval of the National Assembly,” the party noted.
It reminded the president that Section 305 (2) provides that he should convene a meeting with the Senate President and the Speaker of the House of Representatives, “to consider the situation and decide whether or not to pass a resolution approving the proclamation”.
PDP told Tinubu that he should recognise that his order to an unelected individual to take over government of Rivers State is illegal and a clear recipe for crisis, threat to the peace and stability of not only Rivers State but the entire nation.
