By Fatai Abiodun
It seemed like a rumour when the news broke that President Bola Tinubu had declared the State of Emergency in Rivers State and the suspension of the State Governor Sim Fubara and the State House of Assembly over the alleged threat of Public Peace on the political situation in Rivers State.
Many Stakeholders, Commentators and Public Affairs Analysts have expressed their views while the majority blame President Tinubu for such an illegal declaration. While Mai Sai, Shoe-makers and political pundits have expressed support for the action of President Tinubu, the truth remains that such illegality of suspending the Governor and State Assembly under the purview of the State of Emergency contrary to the provisions of the Constitution cannot stand.
The question remains whether the President Validly declared the State of Emergency the way it was done in Rivers State, the answer is NO.
While the Constitution gives the President the power to declare State of Emergency in Nigeria and any part thereof, such power is not absolute. Section 45(3) of the 1999 Constitution provides that a “period of emergency” means any period during which there is in force a Proclamation of a state of emergency declared by the President in the exercise of the powers conferred on him under section 305 of this Constitution.
Section 305(3) provides conditions upon which the President can declare a State of emergency, and nothing of such condition is eminent in Rivers State. Governor Fubara held executive meetings and also commissioned projects recently and there is no fear of danger on the part of the citizens. What the Federal Government should have done is to provide adequate security at all corners to ensure the safety of the lives and properties.
It is trite in law that where the Constitution or statute has provided the ways of doing something, such means must be followed to the extreme. In the voice of Justice Galadima, any illegality against the provisions of the Constitution will not stand. The assertion that declaring a state of emergency is at the discretion of the president is not correct, because accepting so would mean rewriting the constitution which is solely the mandate of the National Assembly.
On whether PBAT was right to suspend the Executive and Legislative Arms of Government, and appoint of Sole Administrator, the answer is CAPITAL NO. The reason is that Section 1(2) of the Constitution clearly states that the Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
The idea of appointment of an administrator in a democratic setting is not only illegal but also invalid. Under the principle of the Separation of Power, what is happening in Rivers State today is one of the reasons why Montesquieu expressed that every man invested in power is apt to abuse it and to carry his authority as far as it will go. Montesquieu suggested that to prevent abuse, power must be a check to power.
Nigeria as a country turned into a democratic nation in 1999 following many years of military struggle. The current happening in Rivers State is a clear signal that those in power do not understand the tripod stand that holds the democratic setting.
The ground norm which is the constitution acknowledges three arms of government which include legislative, executive and judiciary. The legislative powers to make laws for peace and good governance in the country are not in doubt. The power of the executive to perform executive functions was also not in doubt while the powers given to the judiciary for the interpretation of laws were also in the affirmative.
A clear understanding of the principle of democracy under the constitution will show that the executive is not to serve as police for the legislative or judiciary, the same reason Montesquieu averred that when the executive and the legislative powers are united in the same person, there can be no liberty because apprehension may arise; and there would be an end to everything, were the same man or the same body to exercise the powers of legislature, executive and judiciary.
What we are witnessing today in Rivers State is a situation where one man is the executive and the legislative, which is clearly against the democratic setting. There is nothing like an administrator of a State. The drafter of the Constitution never wanted it. The principle of democracy never interacts with any form of military rule.
If any other law, idea, or proclamation is inconsistent with this Constitution’s provisions, the Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
There is no lacuna in the Constitution as per the issue of appointment of the administrator. The name State administrator is unknown to the Constitution. A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens, this can be done without tampering with the democratic norms as it was done during the Jonathan era in Borno, Adamawa and Yobe.
The idea of removing the state executive and the state assembly is a joke taken too far and should not be accepted in any form. In a sane society, civil society would have pocketed the entire state and called for a democratic rule. Our Fathers and Mothers died for this democracy that Tinubu is rubbing on our faces today. What we are having today in Rivers State is a democratic coup and must be condemned in all forms.
I can never imagine that Tinubu who championed Local Government autonomy at the Supreme Court to stop the Governors from removing and suspending democratically elected Local Government chairmen and their councils is now suspending the elected Governor and House of Assembly. Abomination!
I pray and hope the Patriotic Nigerians and most important the Governors in the opposition State would rise to the occasion and protect Nigeria from this satanic illegality by activating the Original Jurisdiction of the Supreme Court.
I’m deeply sure that this illegality of President Tinubu will not stand to the end of the time. We must remember that every injustice has an expiry date.
Fatai Abiodun writes from Abuja
