The Nigerian Civil Society Situation Room, a coalition of civil society organisations, has strongly condemned President Bola Tinubu’s recent declaration of a state of emergency in Rivers State, describing it as an unconstitutional overreach that threatens Nigeria’s democracy.
Speaking through its Co-‘convener, Yunusa Ya’u, at a press conference in Abuja on Wednesday, the group said Mr Tinbu’s action represents a blatant misrepresentation of the 1999 Constitution and constitutes a dangerous precedent for democratic governance in Nigeria.
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It stated that Mr Tinubu is not empowered by section 305 or any other part of the constitution, to unilaterally remove 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,” it stated.
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The coalition called on the judiciary to urgently determine the constitutionality of the president’s actions, urging it to defend Nigeria’s constitutional democracy.
“The judiciary has a chance to redeem its image by delivering rulings that uphold truth, justice, and equity…Nigeria’s democracy must be protected at all costs. No individual, regardless of office, is above the Constitution,” it said.
State of Emergency in Rivers
Mr Tinubu had cited section 305 of the constitution on 18 March, when he declared a state of emergency on Rivers State and suspended elected officials, namely the state governor, Siminalayi Fubara, Deputy Governor Ngozi Odu and all elected lawmakers of the state House of Assembly for an initial period of six months.
Mr Tinubu also appointed Ibok-Étè Ibas, a retired vice admiral and former chief of naval staff, as the administrator of the state for the next six months.
The president cited as the basis for his action “the disturbing” violence in the state, including explosions and vandalisation of petroleum pipelines linked to the political crises in the state.
The National Assembly has approved the president’s request to declare a state of emergency on Rivers state.
Even though the constitution requires two-third of the each of the chamberss of the National Assembly to ratify the president’s decision, the lawmakers adopted voice vote when considering it. This prompted many to doubt the integrity of the process.
‘An Assault on Democracy’
However, the coalition stated that Mr Tinubu’s action was an assault on the country’s democracy.
It also criticised the National Assembly for endorsing what they termed an “anti-constitutional declaration.”
They accused the lawmakers of failing in their duty to protect democracy by hastily approving the president’s action through a voice vote, which they described as lacking transparency and accountability.
“Even if the National Assembly had mustered the necessary two-thirds majority vote to endorse the president’s declaration, it would still have been a nullity. You cannot sanctify an illegality with a seeming legality,” the coalition added.
The coalition also warned that allowing this action to stand would set a dangerous precedent, potentially paving the way for similar executive overreaches in other states.
“This reckless disregard for due process raises serious concerns about the independence of the legislature and the erosion of democratic norms in Nigeria,” the group stated, adding that the move contradicts the principles of constitutional governance, including the separation of powers and respect for the rule of law.
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