The PDP has condemned the declaration of a state of emergency in Rivers State, arguing that the president lacks the constitutional authority to suspend a democratically elected governor.
In a statement released by national publicity secretary Debo Ologunagba, the party described President Tinubu’s action, which suspended the legislative and executive arms of the state for six months, as a “utter violation” of the 1999 Constitution.
“The PDP outrightly rejects this attempt by the President to override the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and undermine the votes and will of the people of Rivers by seeking to depose a democratic government and foist an undemocratic rule in the State.
“The unconstitutional declaration by President Tinubu of the suspension of the democratically elected Governor of Rivers, Siminalayi Fubara and appointment of an unelected individual, Vice Admiral Ibokette Ibas (rtd) to govern the State is a clear attack on our nation’s democracy.
“It is an abrogation of the votes and democratic right of the people of Rivers State to choose their leader under the Constitution,” he said.
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Ologunagba characterized the president’s action as an attempt to seize control of Rivers State for the APC.
He argued that the reasons given for the state of emergency were not constitutionally valid, rendering the declaration incompetent.
He further asserted that this move was part of a broader plan to create a sense of siege across Nigeria, weaken the opposition, and establish a one-party state.
“In any case, nothing in Section 305 of the 1999 Constitution relied upon by the President in the declaration grants him the exclusive powers to declare or execute the declaration of a state of emergency without recourse to the statutory approval of the National Assembly.
“For the avoidance of doubt, Section 305 (2) provides that ‘The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives;
“Each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation’.
“Mr President should recognize that his order to an unelected individual to forthwith take over government of Rivers State is illegal and a clear recipe for crisis, threat to the peace and stability of not only Rivers State but the entire nation,” he said.
Ologunagba emphasized that Governor Fubara was democratically elected for a four-year term, and that this term cannot be unconstitutionally shortened.
“The PDP therefore cautions Vice Admiral Ibokette Ibas (rtd) to respect the Constitution and ensure that he does not take any action or step which is capable of derailing smooth democratic Governance in Rivers State.
“Nigeria is not under a military rule where the Governance of a State is by appointment by a junta,” Mr Ologunagba said.
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