Atiku Slams Tinubu: 5 Major Constitutional Blunders In Rivers State Emergency Declaration

Political Heavyweights Speak Out Against Tinubu’s Rivers State Decision

Listen up, folks. Some of Nigeria's top political minds have spoken out against President Bola Tinubu's recent decision to declare a state of emergency in Rivers State. In a lively press conference held on Thursday, led by none other than former Vice President Atiku Abubakar, these leaders accused Tinubu of stepping all over the Nigerian Constitution with this bold move.

Let’s rewind a bit. On Tuesday, President Tinubu made waves when he declared a state of emergency in Rivers State, citing a political crisis that had gripped the region. But here's the kicker—he didn’t just declare the emergency; he also suspended Governor Siminalayi Fubara, her deputy, and the entire state House of Assembly for six months. To top it off, he appointed a sole administrator to take over the reins of the state.

However, the concerned stakeholders didn’t take this lying down. During Thursday's press conference, they voiced their strong opposition to the President’s decision, urging Nigerians to stand up and demand justice. They also highlighted what they believe are five major constitutional violations by Tinubu in declaring the emergency in Rivers State.

Read also:

Level Up Your Streaming A Guide To Building A Thriving Gaming Channel

Five Constitutional Violations That Tinubu Allegedly Committed

According to a statement shared by former Kaduna State Governor, Nasir El-Rufai, on his 𝕏 account, here’s a deeper dive into the alleged constitutional violations:

1. The President Can’t Just Remove Elected Officials

Hold on a second, because this is a big deal. The Nigerian Constitution doesn’t give the President the power to remove an elected Governor, Deputy Governor, or State Assembly under any circumstances. The process for removing a Governor is clearly laid out in Section 188 of the Constitution, which involves an impeachment process initiated by the State House of Assembly—not by a presidential proclamation or some arbitrary declaration. So, Tinubu’s actions here are seen as a clear overreach.

2. Misusing Section 305: The Emergency Clause

Section 305 of the Constitution allows the President to declare a state of emergency, but only in extreme cases—like war, external aggression, or a serious threat to public safety and national security. It doesn’t give him the authority to suspend elected officials or dismantle democratic structures. Moreover, Section 305(1) states that any emergency proclamation must comply with the Constitution, meaning it can’t override the tenure and removal procedures of a Governor. Tinubu seems to have overlooked this important detail.

3. Not Meeting the Constitutional Requirements for Emergency Rule

Now, let’s talk about the conditions that must be met to declare a state of emergency under Section 305(3). These include war, external aggression, a breakdown of public order and safety, natural disasters, or any other grave emergency threatening Nigeria’s corporate existence. But guess what? None of these conditions exist in Rivers State right now. There’s no war, no widespread violence, and no breakdown of law and order. So, declaring an emergency seems a bit far-fetched, to say the least.

4. Skipping Due Process

Even if we assume the emergency declaration was valid (which it isn’t), there’s still a critical step missing—due process. For an emergency proclamation to stick, it needs the approval of at least two-thirds of ALL members of the National Assembly. That’s at least 72 Senators and 240 members of the House of Representatives. If this approval isn’t secured, the proclamation automatically becomes null and void. Tinubu seems to have skipped this crucial step entirely.

5. Ignoring Alternative Legal Avenues

Here’s the thing—if the issue was the dysfunction of the Rivers State House of Assembly, Tinubu could have encouraged the National Assembly to intervene under Section 11 of the Constitution. But even under such an intervention, the Governor and Deputy Governor can’t be removed by any arm of government except through constitutional means, as clearly stated in the proviso to Section 11(4). So, Tinubu’s approach seems to have ignored these alternative legal options.

Read also:

Celebrity Faces Without Makeup A Candid Look

As the debate heats up, one thing is clear: this situation is far from over. The Nigerian Constitution is the backbone of our democracy, and any move that undermines it is bound to face scrutiny. What happens next? Only time will tell, but one thing's for sure—Nigerians are watching closely, and they’re not afraid to speak up.