By Cross Udo, with agency report
The Socio-Economic Rights and Accountability Project has sued President Bola over what it describes as the “unlawful suspension” of the Rivers State Governor, Siminalayi Fubara; his deputy, Ngozi Odu, and members of the State House of Assembly.
Last Tuesday, President Tinubu declared a state of emergency in the oil-rich state and suspended the governor and other elected officials for six months.
He cited as the basis for his action “the disturbing” violence in the state in the last 24 hours, including explosions and vandalisation of petroleum pipelines, linked to the political crises in the state.
The President’s decision relied on Section 305 of the 1999 Nigerian Constitution, which has been criticized by several interest groups, including the Peoples Democratic Party (PDP), the Nigerian Bar Association, opposition leaders, and erudite lawyers.
In a statement on Sunday, SERAP argued that the decision violates constitutional provisions and undermines democratic governance.
The group said it filed at the Federal High Court in Abuja on Friday through three members of its Volunteers’ Lawyers Network (SVLN) in Rivers State: Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated,” SERAP Deputy Director Kolawole Oluwadare said.
“Democracy is an inherent element of the rule of law. Nigeria’s democracy ought to have respect for human rights and the rule of law as its foundation,” the statement read.
The group cites the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance as sources, arguing that the suspension contradicts the Nigerian Constitution and international legal obligations.
“The combined provisions of Sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the Nigerian Constitution create a delicate balance of rights and responsibilities, ensuring that the exercise of presidential power does not override the people’s right to participate in their own governance,” it said.
*Soyinka faults emergency rule, says it’s against spirit of federalism
Meanwhile, Nobel Laureate Prof Wole Soyinka has joined those condemning President Bola Tinubu’s declaration of a state of emergency in Rivers State, saying such a move betrayed the spirit of federalism.
Speaking with The Africa Report, Soyinka said, “If it is constitutionally right, then I think it is about time we sat down and amended the constitution to ensure that it operates as a genuine federal entity.”
He said the Nigerian Constitution gives the President too many powers and called for an amendment to some sections.
“The government is over-centralised. The debate will go on whether this (state of emergency) was, in the first place, a wise decision, but in terms of fundamental principles, this is against the federal spirit of association.
“The Constitution has put too much power in the hands of the President. The system we are operating right now is not the best for a pluralistic society like ours. That is a fundamental principle I have always held.”
He reiterated his call for a national conference, which he said would provide an opportunity to “really accord ourselves an authentic people’s constitution.”
*Emergency rule in Rivers saves Nigerian Economy, bloodbath– Olori
However, an elder statesman and chieftain of the All Progressives Congress (APC) in Delta State, Olorogun Morrison Olori, has blamed the political crisis in Rivers State on Governor Siminalayi Fubara’s inability to manage political interests and halt threats by militant groups to destroy oil and gas installations in the Niger Delta region.
Olori said President Bola Tinubu’s action saved the country’s economy from being plagued with severe crisis following reported attacks on some critical oil and gas facilities by militant groups who had earlier threatened to blow them up.
He said that despite repeated threats by the militants to destabilise the Nigerian economy, Governor Fubara neither cautioned nor condemned the threats, stressing that such a posture suggested that the militant groups had the governor’s blessing.
Addressing journalists at his Abuja residence at the weekend, Olori endorsed the decision of President Tinubu, claiming that the President’s action saved the country from the economic quagmire that the escalating crisis in Rivers would have thrown the nation.
Olori, also the Obaseki of the Great Ughelli Kingdom in Delta State, asserted that no president would sit and watch a state governor derail his administration’s agenda by creating and supporting those bent on destroying the country.
He further added that President Tinubu should be commended for his proactive step in taming the crisis and saving Governor Fubara from impeachment and cautioned those vilifying Mr. President for his action to rethink.
He said, “Nigerians should blame Governor Fubara for the current crisis in Rivers State. The state of emergency declared by the President was to douse the escalating tension and curtail the threat by militant groups who had sworn to bring the nation’s economy to its knees. The militants marched their words with action by truly destroying pipelines.
“In all these threats, Governor Fubara never condemned or cautioned these militants. And after the destruction of the pipeline, he never condemned it. It means that the militant groups responsible for the atrocity were working for him. No President who means well for his country will tolerate such acts of terrorism.
“President Tinubu should be commended for his action in Rivers State. For once, we have a proactive president who thinks about Nigeria first. I am happy that President Tinubu’s action has arrested the crisis in the state.”
Olori further accused Governor Fubara of failing to implement the Supreme Court judgment, which affirmed Martins Amaewhule as the recognized speaker of the Rivers State House of Assembly.
He states, “For a governor to disregard another arm of government – the legislature – which was equally elected is a violation of the Nigerian Constitution. Fubara should thank his stars that President Tinubu didn’t allow Wike men to remove him as governor. President Tinubu should instead be thanked for saving him from impeachment.
“The state of emergency rule is good to save the escalating crisis and the destruction of national assets in the state. In a normal country, Governor Fubara’s tacit support for the militants’ threats should earn him arrest for economy sabotage.”
