A constitutional lawyer and Senior Advocate of Nigeria (SAN), Roy Nweze, has backed President Bola Tinubu’s declaration of a state of emergency in Rivers State, which led to the suspension of Governor Siminialayi Fubara, Deputy Governor Prof. Ngozi Odu, and members of the State House of Assembly for six months.
Nweze stated that Tinubu’s decision was necessary to restore order in the oil-rich state and protect lives and property. Speaking on the constitutional basis for the emergency rule, he argued that Section 305 of the 1999 Constitution (as amended) grants the president the power to declare a state of emergency when extraordinary situations arise.
He dismissed criticisms of the move, emphasizing that while some argue the president should not suspend elected officials, the law does not expressly prohibit such action in extraordinary circumstances.
“The declaration of a state of emergency is meant to address an abnormal situation. If those responsible for the crisis are the ones in power, such as the governor and lawmakers, then suspending them becomes necessary to restore normalcy,” Nweze explained.
He cited the ongoing crisis between the governor and the State Assembly, which dates back to 2023, and noted that tensions had escalated, leading to the burning of the Assembly complex. He also referenced circulating videos suggesting that the governor may have incited unrest.
Nweze maintained that Tinubu’s intervention was legally justified, arguing that addressing the security situation in Rivers State would have been impossible without suspending the key political actors involved.
“In interpreting the law, we must consider the broader implications. A state of emergency exists to deal with extraordinary situations, and extraordinary measures are sometimes required to resolve them,” he added.
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