Constitutional lawyer, Mike Ozekhome, SAN, has condemned the declaration of a state of emergency in Rivers State, describing it as a civilian coup d’état.

In a public broadcast on Tuesday, President Bola Tinubu declared a state of emergency in Rivers State and announced the six-month suspension of Governor Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the Rivers State House of Assembly.

The President further nominated Vice Admiral Ibok-ette Ibas (retd.) as the administrator to oversee the affairs of Rivers State during the suspension.

However, in a statement on Thursday, Ozekhome argued that the suspension of the democratically elected governor, deputy governor, and the entire State House of Assembly is unconstitutional.

He emphasised that the allocation of state funds from the Federation Account to a sole administrator is also illegal, as it contradicts a Supreme Court judgment.

Ozekhome further explained that the 1999 Constitution (as amended) is explicit that Section 305, which grants the President powers to declare a state of emergency, does not authorize the removal or suspension of an elected governor.

He also pointed out that Section 11(4) of the Constitution denies even the National Assembly the power to remove a governor under emergency rule, indicating that the President cannot be granted such authority.

“A state of emergency does not and cannot translate to a civilian coup d’état executed through executive fiat in a national broadcast that torpedoes elected structures and whimsically imposes a sole administrator to receive Rivers State allocations in violation of Section 162 of the Constitution and contrary to the Supreme Court judgment that President Bola Ahmed Tinubu claimed to uphold,” Ozekhome said.

The Senior Advocate of Nigeria criticised the suspension of elected officials as an unprecedented and unlawful step.

He questioned whether Rivers State posed a genuine threat to national stability or was merely a convenient political battleground.

“If emergency rule in Rivers is truly about law and order, why was a handpicked administrator imposed while duly elected officials were suspended? Is this about democratic governance, or is it about power and control?” Ozekhome asked,.

He emphasised that no constitutional provision, statute, or known convention grants the President imperial authority to dissolve the structures of an elected state government.

“This might have been acceptable during the era of military juntas, but Nigeria is now governed under a constitutional democracy with a presidential system. Emergency provisions under Section 305 of the 1999 Constitution exist to restore order during grave crises, not to topple duly elected officials,” he stated.

Ozekhome expressed concern about the potential precedent this action could set, where presidents might remove governors perceived as disloyal to the central government.



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