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The Nigeria Civil Society Situation Room has described as violation of the Principles of Seperation of Powers the declaration of the state of emergency in Rivers by President Bola Tinubu.
Convener of the situation room, Mr Yunusa Ya’u said this at a news conference on Wednesday in Abuja.
According toYa’u, the President’s reliance on Section 305 of the 1999 Constitution (as amended) as a justification is a misinterpretation of the law.
He said while the Constitution provided for the declaration of a State of Emergency under specific and extreme circumstances, it did not grant the President the power to unilaterally sack elected officials or dissolve democratic institutions.
“The removal of a Governor and State legislators is a grave violation of the principles of separation of powers and the democratic rights of the people of Rivers, who freely elected their leaders.
“This is a point underpinned by the judgment of the Supreme Court on the Rivers issue which was ironically referenced by the President himself in his address last night.
“It is also evident that the political situation in Rivers does not meet any of the circumstances to be declared as an emergency.
“According to the Constitution, valid circumstances for such a declaration include war or external aggression, a breakdown of public order and safety, and threats to the government of a state when the governor neglects to act, among others.”
Ya’u said the Nigeria Civil Society Situation Room rejects the unconstitutional usurpation of power and called on the National Assembly to refuse to approve illegal declaration.
He said the Senate and the House of Representatives must uphold their constitutional duty to check executive excesses and defend Nigeria’s democratic institutions.
“We urge lawmakers to immediately reject this unconstitutional overreach by the Presidency, thereby preventing an authoritarian drift that threatens the stability of our nation.
“The Civil Society Situation Room unequivocally reject the decision, which poses a direct threat to democratic governance, undermines human rights, and violates the rule of law in the country.
“The Presidency is prioritising political battles and suppressing dissent over effective governance, neglecting the pressing economic and security challenges that the government urgently needs to address.”
Speaking further, the convener said the situation room expected that voting on the Rivers emergency declaration would be televised nationally with each person voting electronically.
Ya’u noted that the Constitution was clear that what was required for this emergency declaration to pass was a two-third of votes of the 360 members of the House of Representatives and the 109 votes of members of the Senate.
“This means that no less than 240 members of the House of Representatives and 72 Senators must vote in support of the declaration of the state of emergency for it to stand.
“Otherwise, the declaration must fail, and the Governor and the State Legislators be returned to office immediately.
“Furthermore, we note the special place of the judiciary in moderating executive excesses and urge it to assert its independence and ensure that this declaration does not stand,” Ya’u said.
The situation room also urged the international community, including the United Nations, the African Union, ECOWAS and other democratic nations, to take note of the constitutional breach and pressure the Nigerian government to reverse the action.
“Democracy thrives on the respect for the rule of law, due process, and the will of the people.
“President Bola Tinubu unilaterally declaring a State of Emergency in Rivers State, removing the duly elected Governor and Deputy Governor from office, and suspending the State House of Assembly for six months override the electoral mandate of the people of Rivers.
“The Nigeria Civil Society Situation Room remains committed to defending democracy, upholding the rule of law, and ensuring that Nigeria does not descend into executive tyranny.
“We call on all Nigerians to stand in solidarity and demand the full restoration of constitutional governance in Rivers State.”