March 19, (THEWILL) – Veteran journalist and former presidential spokesperson, Dr. Reuben Abati, has faulted President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as a gross violation of the 1999 Constitution.
Speaking on Arise Television’s Morning Show on Wednesday, Abati, who is also a lawyer, argued that the removal of Governor Siminalayi Fubara, his deputy, and elected members of the Rivers State House of Assembly by presidential proclamation amounts to an impeachable offence.
According to Abati, Tinubu overstepped his constitutional boundaries, even within the framework of Section 305, which outlines the conditions under which a state of emergency can be declared.
“Section 305 of the Constitution provides clear guidelines for declaring a state of emergency. It applies in cases of war, imminent danger, or when a state government fails to respond to a crisis. The key question is: does Rivers State meet any of these conditions?” he asked.
He further explained that the National Assembly must ratify a state of emergency proclamation within 48 hours if in session, or within 10 days if in recess. If the legislature rejects the proclamation with a two-thirds majority, it becomes void.
“The President has not only bypassed this process but has also given himself powers that belong solely to the National Assembly,” he stated.
Abati emphasised that Section 188 of the Constitution clearly outlines how a governor can be removed from office, requiring allegations of gross misconduct to be investigated by a panel constituted by the Chief Judge.
“The Constitution does not empower the President to unilaterally remove a governor, deputy governor, or an entire legislature. That is an abuse of power,” he noted.
He further pointed out that Tinubu acted unilaterally by appointing an administrator for Rivers State and granting the Federal Executive Council powers to make laws for the Rivers State House of Assembly—a function that only the National Assembly can assume during a state of emergency.
“The Federal Executive Council has no constitutional authority to legislate for a state. By assuming such powers, the President has committed a constitutional breach that warrants impeachment,” Abati declared.
The former presidential aide questioned whether the National Assembly has the courage to either reject Tinubu’s gazetted proclamation or initiate impeachment proceedings against him for violating the Constitution.
“The people who advised the President on this matter must be called to order. Nigeria is governed by the Constitution, not by the whims of any individual,” he said.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
