Why state of emergency in Rivers is unconstitutional – PDP

The Peoples Democratic Party (PDP), on Wednesday, insisted that President Bola Tinubu’s declaration of a state of emergency in Rivers remains unconstitutional and impracticable.

PDP National Publicity Secretary, Debo Ologunagba, said this at a news conference in Abuja after the party’s National Working Committee meeting.

Ologungba said that no provision of the constitution empowered the President to dismantle a sub-national government or suspend a democratically-elected governor under any situation whatsoever.

He described the suspension of Gov. Siminalayi Fubara of Rivers and the House of Assembly members as an attempt to suspend the 1999 Constitution and overturn a democratic government.

Ologunagba argued that the state of emergency declared by the president was in violation of Sections 1(2), 14(2)(a), 180, 217(2)(b) (c) and 305 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

“Also, Section 14(2)(a) states that sovereignty belongs to the people of Nigeria from whom government, through this constitution, derives all its powers and authority.

“What it means is that for you to be in a position of authority in Nigeria, it must be by reason of the authority given to you by the sovereign vote of the people.

“That was demonstrated by the election of Gov. Fubara as the elected governor of Rivers, along with his deputy and, of course, the house of assembly as an arm of government.

“The three arms of government are co-equal branch of government and that’s why we talk about having rule of law and order in government.

“This constitutional sovereignty, as provided for in Section 14 is exercisable only by the people through their elected representatives, including state governors and legislators.

“The president, therefore, has no power whatsoever to override this sovereignty under any guise,’’ he said.

Ologunagba added that Section 180 of the constitution also made it clear that the four-year tenure of a state governor commenced from the date of his swearing in.

He said that the only means provided for in the constitution for the abridgment of the tenure of a governor was death, resignation, incapacitation or impeachment, and not by suspension by the president.

According to him, the civil authorities in Rivers remain the governor, deputy governor and the state house of assembly.

He also maintained that under the provisions of the constitution, Fubara remains the elected governor of the state.

The PDP spokesman, while expressing the party’s continued support for Fubara, called for calm in the state.

On the revocation of Right of Occupancy to the PDP national secretariat by Federal Capital Territory Administration, Ologunagba said that there was a pending court case as to the ownership of the property between NICON Insurance Limited and the party.

He said that the case, in which PDP, FCT and FCT minister were defenders, was adjourned to May 5.

Also speaking, the Chairman, PDP Caretaker Committee for South-South zone, Chief Emmanuel Ogidi, said that the crisis in Rivers was all about 2027.

Ogidi alleged that it was all in an attempt to take over power in the state and other South-South states, which, he said, were PDP stronghold.