Tinubu's State Of Emergency In Rivers: A Legal Tussle

IPOB's Counsel Slams Tinubu's Emergency Declaration

Here's the scoop: Ifeanyi Ejiofor, the counsel to the Indigenous Peoples of Biafra (IPOB), has come out swinging against President Bola Tinubu's declaration of a state of emergency in Rivers State. In a fiery statement, Ejiofor made it clear that he believes the President overstepped his authority by invoking Section 305 of the Constitution. Now, this isn't just about political disagreements—it's a constitutional battle that could redefine the boundaries of executive power in Nigeria.

According to Naija News, the Attorney-General of the Federation, Lateef Fagbemi, tried to justify the President's move, claiming it was necessary to save Governor Siminalayi Fubara from impeachment. But Ejiofor isn't buying it. He insists that the President doesn't have carte blanche to declare emergencies whenever it suits him. There are specific conditions laid out in the Constitution that need to be met, and according to Ejiofor, none of those conditions exist in Rivers State right now.

Is Tinubu's Move Politically Motivated?

Ejiofor believes that Tinubu's decision wasn't made in the interest of maintaining peace or security—it was a calculated political move. He argued that the President's declaration wasn't about addressing any real crisis but rather about currying favor with a powerful political godfather. This raises some serious questions about the integrity of the decision and whether it was made with the best interests of the state and its people in mind.

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Here's what Ejiofor had to say: "This action appears to be a calculated political manoeuvre designed to appease a powerful political godfather, rather than a genuine response to any constitutional crisis. For those well-versed in Nigeria’s constitutional framework, this development was a foreseeable outcome—an undemocratic last resort." He went on to explain that a proper reading of Section 305 (3)(a-g) of the 1999 Constitution shows that Rivers State doesn't meet the conditions required to justify such an extreme measure.

"The suspension of Governor Siminalayi Fubara, his Deputy, and the entire Rivers State House of Assembly is not only an outright attack on constitutional democracy but also a blatant deviation from the legal provisions governing emergency declarations. In simple terms, this is nothing short of a coup against democratic institutions."

Legal Experts Weigh In

Ejiofor pointed out that President Tinubu's invocation of Section 305 was a fundamental error and an abuse of executive power. He emphasized that none of the conditions listed in the Constitution exist in Rivers State. There's no war, no large-scale unrest, and no imminent security threat that would warrant such drastic action. Therefore, he concluded that the President's decision is unconstitutional and represents an overreach of executive power.

"President Tinubu’s invocation of Section 305 was a fundamental error and an abuse of executive power. None of these conditions exist in Rivers State. Therefore, the President’s decision is unconstitutional and an overreach of executive power," Ejiofor stated.

The Role of Other Branches of Government

Ejiofor called on both the judiciary and the legislature to step up and defend Nigeria's democracy. He emphasized that it's now up to these branches of government to act decisively in defense of democracy. "It is now incumbent upon both the Legislature and the Judiciary to act decisively in defence of democracy. The National Assembly must reject this illegal declaration and reassert its constitutional authority. If it fails in its duty, the Judiciary—Nigeria’s last hope for justice—must step in to uphold the rule of law and safeguard the nation’s democratic integrity," he stated.

NBA's Stance on the Matter

Ejiofor also praised the Nigeria Bar Association (NBA) for taking a firm stand against Tinubu's actions in Rivers State. He commended the NBA's leadership under Mazi Afam Osigwe, SAN, for their prompt intervention. He stressed that this is a pivotal moment for Nigeria's democracy and that we cannot allow constitutional violations to go unchecked. "I commend the Nigerian Bar Association (NBA) under the leadership of Mazi Afam Osigwe, SAN, for its prompt intervention. This is a defining moment for Nigeria’s democracy. We must not allow constitutional violations to stand unchecked. The world is watching, and the credibility of our institutions is on the line," he added.

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As the debate continues, it's clear that the legal and political community in Nigeria is closely watching how this situation unfolds. The outcome could have far-reaching implications for the balance of power and the future of democracy in the country.