![The Central Bank of Nigeria, CBN. [PHOTO CREDIT: Ehud Kaduna]](https://i0.wp.com/media.premiumtimesng.com/wp-content/files/2022/01/20200913_161409-scaled-e1652250793565.jpg?fit=2387%2C1702&ssl=1)
Actor-turned-politician and former Labour Party (LP) member Kenneth Okonkwo has weighed in on President Bola Tinubu’s declaration of a state of emergency in Rivers State.
PREMIUM TIMES reported that Mr Tinubu declared a state of emergency and suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the state House of Assembly.
|
|
He then appointed Ibok-Ete Ibas, a retired vice admiral, as the sole administrator to oversee the state for six months.
The newspaper also reported that the House of Representatives approved Mr Tinubu’s request.
|
|
|
|---|
However, in an interview with Symfoni News, a social media-based news platform, Mr Okonkwo, who formerly served as spokesperson for the LP presidential campaign, condemned Mr Tinubu’s decision.
In the interview posted on YouTube on Thursday, the 56-year-old said: “The President (Tinubu) did not declare a state of emergency in Rivers State; he declared martial law. It is essential to understand the difference. The Nigerian Constitution recognises a state of emergency and grants the President the power to declare it under specific conditions. However, the Nigerian Bar Association (NBA), led by its President, has clarified that none of these conditions have been met, meaning the purported declaration is not a state of emergency.
“The Supreme Court, in the case of Attorney General of Bendel State v. Aideyan, stated that any act of governance not covered by an enabling law is a nullity. Therefore, what President Bola Ahmed Tinubu did cannot be classified as a state of emergency, as such a declaration does not include the removal of duly elected representatives of the people.”
Tinubu’s action
Mr Okonkwo, a lawyer, noted that Section 1(2) of the Constitution does not allow a state to be governed by a sole administrator.
He compared President Tinubu’s actions to those of former South Korean President Yoon Suk Yeol, who declared martial law and tried to remove elected officials.
Mr Okonkwo also criticised the National Assembly for approving the suspension using a voice vote.
“In response, the South Korean legislature, including members of his party, swiftly impeached him. He is now awaiting trial for attempting a coup against the federation.
“What the Nigerian legislature should be considering is removing Tinubu for imposing martial law in Rivers State and attempting to govern the state through a sole administrator—an arrangement not contemplated by the Constitution. The President even claimed that the sole administrator could make regulations, a form of subsidiary legislation derived from statutory authority.”
Mr Okonkwo added that Mr Tinubu’s actions amounted to an unconstitutional takeover of power in Rivers State.
Treason
He also criticised the former governor of Lagos State for claiming that he and his team would support the regulations introduced by the appointed state sole administrator.
“This is treason. Governing any part of Nigeria outside constitutional provisions is illegal. Tinubu suspended multiple sections of the Constitution to justify his actions, including Sections 1, 179, 180, 188, 189, 120, 121, 117, and 110. These sections clearly state that Nigeria cannot be governed outside of elected representatives and outline the legal processes for removing a governor or House of Assembly members—through death, resignation, impeachment, permanent incapacitation, or expiration of tenure. House of Assembly members can only be removed by recall.
“The President lacks the power to override these constitutional provisions. In a legitimate state of emergency, Section 305 of the Constitution specifies that such a declaration can only be made under the following conditions: War or a threat to national security, a breakdown of public order and safety requiring extraordinary measures, an imminent threat to the existence of Nigeria as a federation and natural disaster requiring extraordinary intervention”, said Mr Okonkwo.
He also insisted that none of the required conditions happened, yet Mr Tinubu still declared a state of emergency, saying he had a security report.
READ ALSO: Rivers administrator orders payment of outstanding staff salaries at local councils
He stated that such a report was meant for Mr Tinubu alone—not for Nigerians.
He added that a classified security report does not give the President the power to remove elected officials.
“The Constitution is clear: he who appoints has the power to remove. Tinubu neither appointed the governor nor the House of Assembly members; therefore, he had no legal authority to remove them.
“In a democracy, governance must be rooted in the law, not executive overreach.”
Discover more from Premium Times Nigeria
Subscribe to get the latest posts sent to your email.
