Veteran journalist Dr. Reuben Abati has accused President Bola Tinubu of violating the Nigerian Constitution by declaring a state of emergency in Rivers State. He made these claims on Arise TV’s Morning Show, stating that Tinubu acted beyond his powers and could face impeachment.
On March 18, President Tinubu announced a state of emergency in Rivers State, citing political instability. He accused Governor Siminilayi Fubara of demolishing the State House of Assembly building. Tinubu claimed he was disturbed by the crisis and believed the situation needed urgent intervention.
Dr. Abati pointed out that under Section 305 of the Nigerian Constitution, a state of emergency can only be declared under specific conditions, such as war, chaos, or a governor failing to act during a crisis. He questioned whether Rivers State met these conditions and argued that Tinubu did not follow due process.
He further stated that:
- The Constitution requires the National Assembly to approve a state of emergency, but Tinubu acted without proper consultation.
- Tinubu gave the Federal Executive Council (FEC) powers to make laws for Rivers State, which is unconstitutional. Only the National Assembly has such powers during an emergency.
- Tinubu removed the governor, deputy governor, and legislature, which the Constitution does not allow. A governor can only be removed through an impeachment process led by the State House of Assembly, not by presidential proclamation.
Abati believes that Tinubu’s actions could be considered an impeachable offense. However, he expressed doubts about whether the National Assembly would challenge the President’s decision. He called on those advising Tinubu to respect the Constitution and follow legal procedures.
This situation raises serious questions about constitutional governance in Nigeria. Will the National Assembly act, or will Tinubu’s decision stand unchallenged? Only time will tell.
