State of Emergency: A Democratic Coup — CUPP

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State of Emergency: A Democratic Coup Against the People of Rivers State instigated by the unchecked desperation of President Tinubus Minister -Opposition Coalition leaders

… Supreme Court have held that democratic structures can not be dissolved under emergency rule as it amounts to overthrow of another arm of govt.

… Usurping National Assembly powers to take over powers of State Assemblies in moments of crisis and giving it to Federal Executive Council is huge assault on our constitutional democracy.

…Illegally suspending an elected Gov.Fubara from office and leaving Tinubu’s Minister Wike who instigated the crisis have shown the President have taken side.

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Nigeria’s Opposition coalition(CUPP) Coalition of United Political Parties after an emergency meeting has said that nothing warranted the declaration of State of emergency on Rivers State, suspension of Governor Siminalayi Fubara and his Deputy by President Bola Ahmed Tinubu vowing to seek legal action to quash this latest assault on Nigeria Constitutional democracy that have great implications for the survival of democratic governance in Nigeria .

We strongly condemn the recent suspension of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly by President Bola Tinubu. This action is a blatant violation of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and an alarming abuse of power.

Tinubu had on Tuesday declared a state of emergency in Rivers State following the protracted political crisis in the state. He made the proclamation during a nationwide broadcast, suspending Governor Siminalayi Fubara, his deputy and all the members of the House of Assembly for six months.

Reacting to the development, the coalition in a statement jointly signed by CUPP leaders High Chief Peter Ameh, Ikenga Imo ugochinyere and Comrade Mark Adebayo described the suspension as unacceptable and a democratic coup against the Rivers people in favour of dark ambition of greedy desperados.

The coalition recalled that when President Goodluck Jonathan declared a state of emergency in Adamawa, Borno and Yobe States in May 2013 he rejected the illegal advice of some power mongers to remove the elected governors and dissolve other democratic structures in the affected states.

Citing some constitutional provisions, the coalition stated that State governments do not answer to the Federal government as they are separate and the President has authority over federal employees and no other.

The coalition warned that allowing this unlawful suspension sets a precedent for a dictatorship masked as democracy, adding that usurping national assembly powers to take over powers of state assembly and giving it to federal executive Council is a coup against democracy.

The statement reads, “The suspension of a sitting Governor under the guise of a state of emergency is an illegal and unconstitutional act, amounting to a coup against democracy. This move serves the dark ambitions of desperate political actors and undermines the sovereignty of the Nigerian people.

“Since the Supreme Court ruling, Governor Fubara has tried to act right but these guys the local political blackmailers and propagandist, keep suffering Rivers state. The governor compiled and presented the budget and they ran away from receiving him meaning their interest is not the budget but to ensure the people of Rivers their own people suffer and die from hunger.

“The Governor wrote another letter to them and they claimed to have gone on recess on Friday evening and now suddenly the people who went on recess on Friday wakes up on Monday to claim they have commenced a purported impeachment, just to distract the slated budget presentation billed for this week. With this declaration the Federal Government and its political allies have systematically undermined the peace in Rivers State. The recent pipeline explosion—likely a deliberate act by Abuja-backed elements—is a calculated attempt to justify emergency rule.

“This suspension is in Violation of Section 1(2) of the 1999 Constitution (As Amended) The Constitution expressly prohibits any forceful takeover of government outside democratic and constitutional processes: The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.” Suspending a sitting governor violates this provision, as no state of emergency grants the President the power to remove or suspend a duly elected official.

“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 v. A.G. Federation (2006), the Supreme Court invalidated the removal of elected officials during a state of emergency in Plateau State.

“In 2013, former President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states, yet: He did not remove or suspend the governors. He stated that “all democratic structures remain intact” while security operations intensified.”

The Constitution is unequivocal in its provisions regarding the removal of a duly elected governor. Section 188 clearly outlines the impeachment process, which is the sole legal mechanism for removing a governor, and it is exclusively the prerogative of the State House of Assembly. Nowhere in the Constitution is the President granted the authority to suspend a governor or their deputy.

Furthermore, Section 1(2) of the Constitution explicitly states: *”The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”* President Tinubu’s actions are therefore unconstitutional and undermine the rule of law and will be vigorously challenged by the coalition.

Section 11(4) and (5) of the Constitution allows the National Assembly to intervene in the affairs of a State House of Assembly only in cases where the Assembly is unable to perform its functions due to crisis. Even in such circumstances, this provision does not extend to suspending an elected governor or deputy. Additionally, Section 308 grants immunity to governors and their deputies from civil or criminal proceedings while in office, raising serious questions about the legal basis for the President’s actions.

The Coalition praised Gov. Fubara for maintaining peace despite the provocation by those working for Tinubu urging him to remain strong and rally Rivers People to ensure that his constitutional powers are not taken away under any guise including challenging this illegality at the Supreme Court.