Two Senior Advocates of Nigeria (SANs) and a professor of law disagreed yesterday on the declaration of a state of emergency in Rivers State.
Eminent lawyer Dr. Wahab Shittu argued that the president acted in the overall interest of the country.
He said: “Law and order is central to democratic governance, and the situation in Rivers State was getting out of hand. A threat to security anywhere is a threat to security everywhere.
“The president as the chief security of the country has a responsibility to deliver peace and security in any part of the country.”
But, another SAN, Kunle Edun, argued that the President lacked the powers.
He said: “The provisions of Section 305 relied upon by President Tinubu do not empower the President to remove or suspend elected state officials.
“Section 305(3) of the Constitution prescribed the grounds upon which a State of Emergency can be declared and none of the reasons alluded to by the President justifies the declaration of a state of emergency in Rivers State.
“As a matter of fact, under Section 305(4), the governor of a state, supported by a resolution of 2/3 majority of the members of the House of Assembly, may request the President to declare a state of emergency on any part of the state.
“The Supreme Court has already settled the issues causing the crisis in the state and the House of Assembly had started sitting.
“Governor Fubara was at the House of Assembly complex to present the 2025 budget in response to the demand of the Rivers’ State House of Assembly.
“So, Mr. President was very wrong to say that there was no longer a functional government in Rivers State simply because the House of Assembly complex was demolished.
“Furthermore, the Constitution has already provided remedial provisions to take care of situations where a House of Assembly is unable to perform its Legislative functions.
“Section 11(4) of the Constitution provides that at any time when a House of Assembly is unable to perform its functions by reason of situations prevailing in that State, the National Assembly may make law for the peace, order and good government of that state with respect to matters which the House of Assembly have power to make laws until such a time when the House is able to resume its functions.
“The proviso to Section 11(4) is very apposite to understand the limitations of the power of the President.
“The proviso provides that the intervention of the National Assembly by virtue of its powers under section 11(4) shall not confer on the National Assembly the power to remove the governor or deputy governor of the state.
“Therefore, the Constitution is clear that there is no power conferred on any authority to remove or suspend a governor, the deputy or the House of Assembly of a state during a period of State of Emergency.
“As a matter of fact and clear law, the President violated his oath of allegiance to protect, defend and abide by the provisions of the Constitution.
“A state House of Assembly cannot be suspended by the President.
“Rather, it is the National Assembly that has the constitutional power to take over the legislative functions of the State.
“Therefore, the Constitution did not envisage a situation where a State will be without a legislature at any time.”
For professor of law Sam Erugo, the declaration is in order given the circumstances.
Erugo said: “It is obvious there is a breakdown of law and order in the state.
“However, the situation could have been contained before it got to this point by the presidency.”
Lawyer and Executive Director Cadrell Advocacy Centre, Evans Ufeli, agreed, noting that the political tension and crisis in Rivers State has reached a state of “clear and present danger” which represents the ground for drastic action.
He said: “The action is, however, not completed; the President has published same in the Official Gazette containing a proclamation and transmitted it to the National Assembly in compliance with section 305 of the 1999 constitution as amended.
“The National Assembly must within two days act on same by giving its concurrence to it before the process can become valid in the eyes of the law.
“A state of emergency is more like an equitable remedy targeted at restoring peace to a country or any part thereof in the face of a clear and present danger.
“The purpose of this is both preventive and curative, largely for the continuous peaceful habitation of a nation, to restore peace and tranquillity in times of chaos and promote regular and peaceful co-existence of all states and nations of Nigeria.
“The President suspended the State House of Assembly together with the governor and that is controversial because same can be challenged.
“I am not a fan of the Rivers State House of Assembly but there’s an overreach there. Can the President suspend the State House of Assembly? The days to come will tell.”
