Dr. Reuben Abati, former media aide to ex-President Goodluck Jonathan, has strongly condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, arguing that it is unconstitutional and could warrant impeachment.
Speaking on The Morning Show on Arise Television on Wednesday, Abati asserted that Tinubu’s decision violated Section 305 of the Nigerian Constitution, which governs the conditions under which a state of emergency can be declared.
Tinubu Lacks Authority to Remove Elected Officials
Abati criticized Tinubu for unilaterally suspending Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly. He emphasized that the President has no constitutional authority to remove elected officials or dissolve the state legislature.
“A governor cannot be removed from office by the proclamation of the President of Nigeria,” Abati said. He described Tinubu’s move as an unconstitutional power grab, stating that only the National Assembly has the authority to validate emergency rule.
Tinubu justified the emergency declaration—effective from March 18—by citing escalating political tension in Rivers State, including Fubara’s alleged demolition of the State House of Assembly complex. However, Abati dismissed this as an insufficient basis for suspending democratic governance in the state.
Emergency Rule Misused as a Political Weapon
Abati argued that even under Section 305, which outlines emergency rule provisions, the President must follow due process. He pointed out that Tinubu had overstepped his constitutional limits by granting his appointed administrator legislative powers and allowing the Federal Executive Council (FEC) to make laws for Rivers State.
“The Federal Executive Council does not have such powers. Section 11 of the Constitution clearly states that only the National Assembly can make laws for a state House of Assembly during a state of emergency,” Abati explained.
He described Tinubu’s decision as an act of dictatorship, warning that it sets a dangerous precedent that could be exploited in the future to remove elected governors arbitrarily.
Calls for National Assembly to Act
Abati called on the National Assembly to reject Tinubu’s proclamation and uphold constitutional governance. He questioned whether lawmakers had the courage to either overturn the decision or initiate impeachment proceedings against the President for what he described as a blatant violation of the Constitution.
“This is an impeachable offence. The President has appropriated unto himself the powers to make laws for the Rivers State House of Assembly,” he stated.
He also referenced Section 188 of the Constitution, which provides the legal framework for removing a governor, stressing that Tinubu had completely ignored this process.
“Presidential Overreach Must Be Challenged”
Abati urged accountability, stating that those advising the President on such unconstitutional actions must be held responsible.
“The people who advised the President must be called to order,” he said.
With tensions rising over the political crisis in Rivers State, Abati’s remarks add to the growing opposition against Tinubu’s emergency declaration, with legal experts and political stakeholders warning that it could destabilize Nigeria’s democratic structure.
https://x.com/Spotlight_Abby/status/1902291850905424355
