Constitutional lawyer Mike Ozekhome has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as a “civilian coup d’état”. Ozekhome argued that the suspension of Governor Siminalayi Fubara, his deputy, and all elected members of the Rivers State House of Assembly is unconstitutional.
According to Ozekhome, the 1999 Constitution (as amended) does not grant the President the power to remove or suspend an elected governor, even under emergency rule. He emphasized that Section 305 of the Constitution, which allows the President to declare a state of emergency, does not authorize the removal of elected officials.
Ozekhome also criticized the allocation of state funds to a sole administrator, Vice Admiral Ibok-ette Ibas (retd.), as illegal and contrary to a Supreme Court judgment. He questioned the President’s motives, asking whether Rivers State posed a genuine threat to national stability or was merely a convenient political battleground.
The lawyer warned that allowing Tinubu’s actions to stand could set a dangerous precedent where emergency powers are used for political suppression rather than to address genuine crises. He emphasized that the Constitution provides only one legal pathway for removing a state governor – through impeachment as stipulated in Section 188 of the Constitution.
Ozekhome’s condemnation of the state of emergency in Rivers State highlights concerns about the potential erosion of democratic governance and the rule of law in Nigeria.
