The Office of The State Youth Leader People’s Democratic Party “PDP” Lagos Condemn In Totality The President Bola Ahmed Tinubu Dictatorial And Unlawful Removal of Governor Simi Fubara and Unconstitutional Declaration of State A of Emergency in Rivers State**
18/03/2025
The recent declaration of a state of emergency in Rivers State and the unlawful removal of Governor Simi Fubara, his deputy, and the members of the state House of Assembly by President Bola Ahmed Tinubu raises significant constitutional and legal concerns. The Nigerian Constitution provides clear provisions on the process and conditions under which such actions may be taken. These actions, if unsubstantiated and unjustifiable, undermine the rule of law, constitutional order, and democratic principles. This communique will examine the constitutional stipulations that render these actions unlawful and illegitimate.
**1. Constitutional Framework for the Declaration of a State of Emergency**
The Nigerian Constitution, under **Section 305**, provides the legal framework for the declaration of a state of emergency. According to **Section 305(1)**, the President may declare a state of emergency when “there is a threat to the peace, order, and good government of Nigeria or any part thereof.” However, this is not an arbitrary power. There are strict constitutional procedures and safeguards to ensure that such declarations are used only in cases of grave necessity and are not abused for political purposes.
**1.1. Conditions for Declaration of State of Emergency**
According to **Section 305(1)**, a state of emergency can be declared only if there is a clear threat to the peace and stability of a region. This must be justified by a factual emergency, such as armed conflict, insurgency, or large-scale public disorder. The declaration must also be made in accordance with **Section 305(2)**, which mandates that the President must seek approval from the National Assembly to make such a declaration. The National Assembly’s role is crucial because it provides a check on executive power and ensures that a state of emergency is declared only in the most critical situations.
In the case of Rivers State, the removal of Governor Simi Fubara, his deputy, and the state Assembly members does not appear to be rooted in any declared or perceived crisis of the magnitude required by **Section 305**.
No credible evidence has been presented to suggest that Rivers State is experiencing any threat that would justify such a drastic measure as the removal of democratically elected leaders. The action by President Tinubu, therefore, lacks constitutional validity, as it does not meet the threshold of threat to the peace, order, or good government of the state or Nigeria as a whole.
**1.2. Procedural Irregularities**
A declaration of a state of emergency also requires the involvement of the National Assembly, as stipulated in **Section 305(3)** of the Constitution. The National Assembly is required to approve any such declaration. If the state of emergency is related to a part of Nigeria (such as Rivers State), the approval must come from the National Assembly and must be supported by a resolution of the majority of the National Assembly. This was not done in the case of Rivers State. The absence of National Assembly approval further renders the state of emergency declaration unconstitutional and void.
**2. Removal of Elected Officials: Governor, Deputy, and Legislature**
The removal of a sitting governor, deputy governor, and members of the state House of Assembly is also not in accordance with the constitutional provisions governing the tenure and removal of elected officials.
**2.1. Section 188 and 189 of the Constitution**
The Nigerian Constitution, under **Section 188** and **Section 189**, provides the lawful process for the impeachment or removal of a governor or deputy governor. These sections set out the procedures for removal on grounds of gross misconduct. Impeachment must begin with a petition to the state House of Assembly, which must then conduct investigations. Following this, there must be a two-thirds majority vote of the members of the House of Assembly, and the process must include the governor or deputy governor having an opportunity to defend themselves.
In the case of Governor Simi Fubara and his deputy, there has been no formal impeachment process or any indication that they were involved in any misconduct that could warrant their removal. Instead, their removal appears to have been executed unilaterally by the President, which violates their constitutional right to due process as enshrined in **Section 188** and **Section 189**.
**2.2. The Role of the Judiciary**
Further, the Constitution guarantees the protection of elected officials from arbitrary removal by the executive. The judiciary, under the principle of separation of powers, is vested with the authority to adjudicate disputes over the legality of actions taken by the executive and legislature. In a functioning democracy, the judiciary should be the arbiter of disputes involving elected officials. The actions in Rivers State circumvent the judicial process and undermine the fundamental principles of justice and fairness.
The action of President Tinubu in removing the governor, his deputy, and members of the House of Assembly without following the due process of law creates a dangerous precedent. It erodes the sanctity of the democratic process, where elected representatives are protected by law and can only be removed through established constitutional mechanisms.
**3. The Role of Federalism in the Nigerian Constitution**
Nigeria’s Constitution is built on the principle of federalism, which recognizes the independence and sovereignty of the state governments within the broader framework of the federation. This principle is enshrined in **Section 2(2)**, which states that Nigeria is a federation of states, and each state is to be governed according to its laws, provided that such laws do not contravene the Constitution.
In a federal system, the autonomy of the states and their governance structures are constitutionally protected. Interference by the federal government in the internal affairs of a state, especially in the manner witnessed in Rivers State, undermines the essence of federalism. The federal government’s interference must be constrained to matters of national security, defense, or external threats. Without a constitutional basis or an explicit violation of national law by the state government, the removal of elected officials and the declaration of a state of emergency in Rivers State undermines the federal system and violates the principle of federalism.
**4. Implications for Democracy and the Rule of Law**
The unlawful removal of Governor Fubara, his deputy, and the state Assembly members by President Tinubu sets a dangerous precedent for democracy in Nigeria. The actions not only violate the constitutional rights of the people of Rivers State but also signal a disregard for the democratic principles enshrined in the Constitution.
The principle of popular sovereignty, which underpins democracy, is threatened when elected officials can be removed without due process or legal justification. The removal of these officials by the executive branch, without following the constitutional provisions for impeachment or removal, also undermines the separation of powers—a key tenet of democratic governance.
In a healthy democracy, the judiciary must be empowered to check the excesses of the executive and legislative branches. By bypassing judicial review and proceeding with the removal of elected officials, the federal government risks diminishing the independence of the judiciary and the integrity of the democratic process.
**5. Conclusion**
The declaration of a state of emergency in Rivers State and the unlawful removal of Governor Simi Fubara, his deputy, and the members of the state House of Assembly by President Bola Ahmed Tinubu is a violation of the Nigerian Constitution. These actions lack constitutional justification, procedural fairness, and respect for democratic principles. The Constitution provides clear stipulations regarding the declaration of a state of emergency and the removal of elected officials, and these procedures were not followed in this instance.
It is imperative that the Nigerian government respects the rule of law, adheres to constitutional procedures, and ensures that actions taken against elected officials are based on legitimate and lawful grounds. The independence of the judiciary, the protection of elected officials, and the preservation of federalism are fundamental to the functioning of Nigeria’s democracy. Without adherence to these constitutional principles, the foundations of democratic governance in Nigeria may be severely undermined.
Comr. Agboola D. Akinpelu
Youth Leader,
Lagos State.
