By Former National Vice Chairman South-South of the Democratic Front for People’s Federation (DFPF), Comrade James D. Ebri, has called on President Bola Tinubu to immediately lift the state of emergency imposed on Rivers State and reinstate Governor Similaye Fabura and his deputy.
Ebri, a former governorship candidate in Cross River State, made this demand during a commentary on the imposition of emergency rule in Rivers State, delivered in Calabar. He also urged President Tinubu to reverse the suspension of the state’s House of Assembly members, arguing that the president’s actions are unconstitutional.
“The call to rescind the state of emergency is necessitated by the fact that the basic requirements for the declaration of a state of emergency were not met when it was declared,” Ebri stated. “First among the requirements for the declaration of the emergency is the consent of both the House of Assembly and the Governor of the State, which in this instance was not sought.”
Ebri emphasized the legal requirements as outlined in the Nigerian constitution. “It is this consent or lack of it that needs to be submitted to the National Assembly as the basis request by the President to declare the State of Emergency which the National Assembly needs to consider before approving or rejecting the approval of the state of emergency,” he explained.
He quoted Section 305(4) of the Nigerian Constitution, which states, “Governor of a state may with the sanction of a resolution supported by two thirds majority of the House of Assembly request the President to issue a proclamation of a state of emergency in the state when there is in existence within the state of the situation specified in Section (3), (c), (d) and (e). Of this section and such situation does not extend beyond the boundaries of the state.”
Ebri further cited subsection (5), which clarifies, “The President shall not issue a proclamation of a state of emergency in any case when the provisions of subsection (4) of this apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such a proclamation.”
“This clearly shows that for any proclamation to be made, the State Assembly and the Governor must initiate the state of emergency. It would therefore be unconstitutional for the President to unilaterally impose a State of Emergency and remove an elected Governor and Legislators,” Ebri maintained. He also referred to Section 11 of the Constitution, which addresses the House of Assembly’s ability to carry out its duties, and specifically subsection (4), stating, “Nothing in this subsection shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”
