Veteran journalist and former presidential media adviser, Dr. Reuben Abati, has criticized President Bola Tinubu’s decision to declare a state of emergency in Rivers State, calling it a violation of the Nigerian Constitution and an impeachable offense.
Speaking on Arise Television’s Morning Show on Wednesday, Abati argued that the Nigerian President does not have the constitutional power to unilaterally remove a state governor or take over legislative functions. His comments followed Tinubu’s nationwide address on Tuesday night, where the President announced a state of emergency in Rivers State, citing concerns over a political crisis and the alleged demolition of the State House of Assembly building by Governor Siminilayi Fubara.
In his speech, Tinubu stated, “I am greatly disturbed about the political crisis” in Rivers State and declared the emergency to take effect from March 18. However, Abati questioned the legality of the President’s actions, noting that even under Section 305 of the Constitution, the conditions required for such a move were not met.
He pointed out that Section 305 outlines specific situations under which a state of emergency can be declared, including war, imminent war, or severe instability that the state governor fails to address. Abati asked, “Is Nigeria facing the threat of war in Rivers State? That’s one question.”
Furthermore, he noted that the Constitution requires any emergency proclamation to be reviewed and approved by the National Assembly. If the legislature does not endorse it within a specified period, it becomes invalid. Abati said Tinubu “was not properly advised” on the constitutional process and acted beyond his powers by granting authority to an appointed administrator to make laws for the Rivers State House of Assembly.
“The Federal Executive Council does not have such powers,” Abati stated, referencing Section 11 of the Constitution, which reserves lawmaking authority for the National Assembly during a state of emergency. He insisted that Tinubu’s decision to assume legislative powers amounted to an impeachable offense.
Abati also referenced Section 188 of the Constitution, which details how a governor can be lawfully removed from office. He noted that only the state’s House of Assembly, through a formal impeachment process involving a judicial panel, has the power to remove a governor. “A governor cannot be removed from office by the proclamation of the president of Nigeria,” he stated.
He further stressed that Nigeria must be governed strictly according to constitutional provisions, warning that Tinubu’s unilateral actions could set a dangerous precedent. “There is no provision in the 1999 Constitution that says that the president of Nigeria can unilaterally remove a governor, remove the deputy governor, remove the legislature in Nigeria,” Abati said, calling for those who advised the President on this decision to be held accountable.
