The Afenifere Diaspora USA has criticised the declaration of state of emergency in Rivers State by President Bola Ahmed Tinubu, describing it as a military fiat that all lovers of democracy must rise up against.
The group in a statement signed by its Chairman, Prof. Sikiru Fadairo, and the Secretary, Comrade David Adeyinka Adenekan, on Thursday, stated that the declaration is a violation of section 305 of the 1999 constitution.
It added that it was tantamount to “using a military fiat to take over Rivers State in preparation for the 2027 general elections by the ruling party, All Progressives Congress (APC).
“There is no political violence in Rivers State except for the desperation of Nyesom Wike to cause mayhem and forcefully, take over power from the sitting governor, Siminalayi Fubara and thereafter hand over Rivers state to the ruling party, All Progressives Congress (APC).
“We will not subscribe to any election that would not create a level playing ground for all parties involved.”
The group critically examined the 1999 Constitution of the Federal Republic Of Nigeria and claimed that Tinubu flagrantly violated section 305 of the constitution as enumerated below:
“Section 305 of the Constitution of the Federal Republic of Nigeria thus says:
“(1) Subject to the provisions of this Constitution, the President may, by instrument published in the Official Gazette of the Government of the Federation, issue a Proclamation of a State of Emergency in the Federation or any part thereof.
“(2) 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.
“(5) The President shall not issue a Proclamation of a State of Emergency in any case to which the provisions of subsection (4) of this Section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.
“(6) A Proclamation issued by the President under this Section shall cease to have effect –
“(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;
“(b) if it affects the Federation or any part thereof, and within two days when the National Assembly is in Session, or within ten days when the National Assembly is not in Session, after its publication, there is no Resolution supported by two-thirds majority of all the Members of each House of the National Assembly approving the Proclamation;
“(c) after a period of six months has elapsed since it has been in force:
“Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the State of Emergency to remain in force from time to time for a further period of six months by Resolution passed in like manner; or
“(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the Members of each House.”
The group added, “The Supreme Court of Nigeria has consistently ruled that the declaration of a state of emergency does not empower the President to remove elected officials. In A.G.Federation v A.G. Lagos state (2013) LPELR-20974(SC), the Supreme Court ruled that: “Under no circumstances shall the democratic structures be suspended or dissolved, even in a state of emergency.” In the case of A.G. Plateau State vs A.G. Federation (2006), The Supreme Court invalidated the removal of elected officials during a state emergency in Plateau State.”
The group wondered why one of the foremost democrats in the struggle for the enthronement of democracy in Nigeria would suspend democratically elected officials and replace them with a sole administrator.
“Is this not a classic example of power corrupt, absolute power corrupt absolutely? – Montesquieu (a French political philosopher),” it queried, adding that Tinubu did not follow the law of the land in declaring a state of emergency in River State and such “naked power” is ultra vire, null and void, unconstitutional.
“We are calling on all democratic groups, including Civil Liberty Organization (CLO), Nigeria Bar Association (NBA), Civil Defence Human Rights (CDHR), Amnesty International, International Human Rights Organization, National Union of Journalists (NUJ) and every concerned citizen to protest against the introduction of a military fiat in River State, including calling on the national assembly and Judiciary to overturn the decision by President Bola Ahmed Tinubu to introduce a military fiat into our very fragile and fledgling democracy,” the group said.
Afenifere USA Knocks Tinubu Over Rivers Emergency Rule is first published on The Whistler Newspaper
Source: The Whistler
