…Say “It Is Unconstitutional”
By Gloria Ikibah
Member of the House of Representatives, Rep. Ikeagwuonu Ugochinyere has strongly opposed President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as an unconstitutional overreach.
Speaking on the matter, Ugochinyere acknowledged that the President has the constitutional power under Section 305 to declare a state of emergency in cases of security threats.
However, he argued that Preside t Tinubu exceeded his powers by suspending Governor Similayi Fubara, his deputy, and the Rivers State House of Assembly, as well as appointing an administrator to oversee the state.
The lawmaker also accused the President of bypassing the National Assembly’s authority,as he referenced Section 11 of the Constitution, which gives the legislature, and not the executive, the power to make laws for a state if its House of Assembly becomes dysfunctional.
“The President does not have the power to suspend a democratically elected governor, deputy governor, and House of Assembly. Where did he get the power to appoint an administrator? That position is unknown to law.
“The President insulted us by usurping our constitutional power and handing it to the Federal Executive Council. Under Section 11(4), if a state assembly cannot function, the National Assembly makes the laws. But now, the President has taken that role away from us and given it to an unknown administrator”, he said.
Ugochinyere also raised concerns about the rationale for the emergency declaration, questioning whether Rivers State was truly in crisis.
He reminded Nigerians that in 2013, Tinubu who was then in opposition fiercely criticized former President Goodluck Jonathan’s state of emergency declaration in Borno and Yobe States, even though he did not remove the governors at the time.
Ugochinyere insisted that while peace in Rivers State is necessary, it must be achieved through constitutional means.
“Is there war in Rivers? Are people dying on the streets? Did the President even mention that the governor had called for peace meetings that were ignored? Instead, he unilaterally took action without considering the root cause of the political tensions,” he added.
“This decision sets a dangerous precedent. If we allow an elected governor to be suspended today, tomorrow, a president could be suspended under the same guise. I will not support this move, and I believe any true democrat should resist it,” he added.
As the National Assembly prepares to deliberate on the proclamation, the debate is expected to be intense, with lawmakers divided on the legality and implications of the President’s action.
Naijablitznews.com recalled that the House spokesperson had in a statement said the president had transmitted the letter on the state of emergency to the House yesterday and that the issue will be discussed at Wednesday plenary, but contrary to his statement the subject was not listed on the order paper.