Owonikoko, SAN, and Dr. Amiida: Tinubu Acted Within Constitutional Limits on Rivers Emergency Rule
In a recent interview on Arise News Television, Jeleel Abiodun Owonikoko, SAN, provided critical legal insights into the state of emergency declared in Rivers State, clarifying the constitutional provisions that empower President Bola Ahmed Tinubu to take such decisive action. Addressing key concerns regarding the roles of the Executive, Legislature, and Judiciary, Owonikoko dismantled misconceptions surrounding the appointment of a Sole Administrator and confirmed that the President acted within the limits of the Constitution.
Tinubu’s Actions are Constitutionally Backed
Owonikoko emphasized that the President acted in accordance with Sections 305 and 5 of the Nigerian Constitution, which grant him the authority to declare emergency rule in situations of severe governance breakdown and security threats. He further explained that the National Assembly, in approving the emergency rule, holds the responsibility of monitoring and approving the regulations recommended by the Sole Administrator during this period.
He clarified that the Sole Administrator is not a replacement for the Governor but a federal appointee tasked with maintaining order and preventing a governance vacuum. This move, he stressed, was essential to secure Federal assets, such as oil pipelines, which had been increasingly targeted for vandalism and destruction—one of the critical factors that triggered the emergency declaration.
Legality vs. Constitutionality: A Key Distinction
Owonikoko addressed widespread confusion between legality and constitutionality, explaining that the Governor has not been removed, as removal requires impeachment, but rather his executive powers have been frozen to restore order. He further clarified concerns about the voice vote method used in the National Assembly to approve the emergency rule, stating that the Legislature has the prerogative to determine its voting process. If any party contests the process, they may seek legal redress, but ultimately, the Senate would be required to justify its decision with evidence.
Federal Intervention Justified by Security Concerns
The Senior Advocate stressed that the emergency rule was not politically motivated, but rather a response to a prolonged governance crisis in Rivers State. He pointed out that Governor Siminalayi Fubara had failed to secure the backing of even 10 members of the State House of Assembly over the past year, despite repeated efforts at political reconciliation.
Additionally, the Senate held a closed-door session where lawmakers reviewed classified security intelligence reports, confirming a serious threat to peace, governance, and Nigeria’s economic stability—particularly in the vital oil and gas sector. This intelligence led to a unanimous vote supporting the emergency rule.
Dr. Amiida of National Patriots: A Litmus Test for Democracy
Backing these views, Dr. Amiida Fraser MFR of the National Patriots reinforced that President Tinubu acted within his constitutional powers and that this situation presents a healthy development for Nigerian democracy. She described it as a litmus test for the nation’s political maturity and governance structures, stressing the importance of understanding the nuances between legality and constitutionality rather than playing politics with the Rivers State situation.
Dr. Amiida called on the opposition to avoid inciting the Niger Delta people unnecessarily and urged them to stop seeking untenable reasons to heat up the polity. He warned that distracting the Sole Administrator and creating further political tensions would not serve the best interests of Rivers State or Nigeria.
Furthermore, she emphasized that qualified legal experts in Nigeria have examined the situation and confirmed that the actions of the Executive and Legislature remain within the constitutional framework. She urged politicians to stop making baseless allegations of abuse of power against President Tinubu without legal justification.
Path Forward: Reconciliation and Stability
Both Owonikoko, SAN, and Dr. Amiida underscored the need for a constructive path forward. They called for damage control measures by all parties to ensure a seamless return to democratic governance in the state.
Imran Khasaly
Headlinenews.news
