Nigerian senator rejects state of emergency in Rivers

A Nigerian senator, Seriake Dickson, said he is opposed to the declaration of a state of emergency in Rivers State by President Bola Tinubu.

The Nigerian president on Tuesday night declared a state of emergency in the oil-rich state, suspending Governor Siminalayi Fubara, his deputy, Ngozi Odu, and the State House of Assembly for the “initial six months.”

In a broadcast, Mr Tinubu said the protracted political crisis in the state, triggered by the political feud between Mr Fubara and the FCT minister, Nyesom Wike, and the oil pipeline explosion in the state necessitated his action.

In a post on his official Facebook page, Mr Dickson said he was opposed to the declaration of a state of emergency, particularly when the governor and his deputy would vacate office for six months.

“While we are all aware of the prolonged political disputes in the state, I do not support the declaration of a state of emergency, especially when that is taken to mean that the Governor and his Deputy will vacate their seats for six months.

“I don’t believe that is the intent of the constitution, and that has been my position on matters like this even when we had a PDP President.

“I have always opposed declarations of emergency in states that meant that their governors would vacate their offices, and this is no exception. I have always had the view that even with the declaration of a state of emergency in a state, the elected government must be protected and need not be removed,” Mr Dickson, a former two-term governor of Bayelsa state, said.

The senator said it was a sad day for all democrats and the people of Rivers State.

What the law says about the state of emergency proclamation

Subsection (2) of Section 305 of the Nigerian Constitution provides that: “A Proclamation issued by the President under this section shall cease to have effect—

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(a) If it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or (b) if the National Assembly is not in session, within ten days after it reconvenes.”

The provisions imply that for the state of emergency to be valid, Mr Tinubu must transmit the proclamation to the National Assembly for legislative ratification within the defined timeframe.

READ ALSO: You don’t have power to remove Fubara under state of emergency, NBA tells Tinubu

This means Mr Dickson, a member of the opposition Peoples Democratic Party (PDP), would have the opportunity to reject the presidential proclamation when it is deliberated upon in the Senate.

With the continuous exodus of PDP lawmakers to the ruling All Progressives Congress (APC), it is unclear if the PDP will pull enough support to reject the presidential proclamation after the ruling APC threw its weight behind the president’s action.