JOINT PRESS CONFERENCE BY CONCERNED LEADERS AND POLITICAL STAKEHOLDERS IN NIGERIA ON THE UNCONSTITUTIONAL DECLARATION OF A STATE OF EMERGENCY IN RIVERS STATE BY PRESIDENT BOLA AHMED TINUBU

Fellow Nigerians,

We are a cross-section of leaders and political stakeholders from across the country. We have come together to address the dangerous and unconstitutional actions taken by President Bola Ahmed Tinubu, GCFR, on March 18, 2025—to wit, the declaration of a State of Emergency in Rivers State and the illegal suspension of the democratically elected Governor, Deputy Governor, and the State House of Assembly.

This action is not only unlawful but also a clear subversion of democracy and imposition of autocratic federal control over a duly elected state government. We strongly condemn this development and call on all Nigerians of good conscience to resist this brazen assault on the constitution of our country and the institutions of our democracy.

Mr President’s illegal and unconstitutional proclamation was presumably driven by the protracted insidious political crisis in Rivers State, which culminated in the recent ruling of the Supreme Court. Naturally, we expected all parties to the dispute to follow laid-down procedures, and in good faith, to promptly implement the judgment of the highest court of the land. We note that despite provocative statements and belligerent attitude of his opponents, Governor Fubara had demonstrated goodwill and appeared disposed to the implementation of the ruling of the Supreme Court.

However, rather than rise above the fray, the president yielded to petty favouritism and betrayed the oath that he solemnly swore to before God and man, which was to “do right to all manner of people, according to law, without fear or favour, affection or ill-will.” If president Tinubu had conveniently disguised his true intentions in the past, his broadcast to the nation on 18th March 2025 betrayed his bias and fell far below the standard of comportment expected from his exalted office.

The Constitutional Violations

1. Illegal Removal of a Governor and State Assembly
Without any doubts, the Nigerian Constitution does not empower the President to remove an elected Governor, Deputy Governor, or State Assembly under any circumstances. The procedure for removing a Governor is clearly outlined in Section 188 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) through an impeachment process initiated by the State House of Assembly—not by presidential proclamation or arbitrary pronouncement.

2. Misuse of Section 305 on State of Emergency
Section 305 of the Constitution allows the President to declare a State of Emergency only in extreme cases where public safety, national security, or Nigeria’s sovereignty is at serious risk. However, it does not grant him the power to suspend elected officials or to demolish democratic structures as he has brazenly done.

Furthermore, Section 305(1) states that any proclamation of emergency is subject to the provisions of the Constitution—meaning it cannot override the tenure and removal procedures of a Governor.

3. Failure to Meet Constitutional Requirements for Emergency Rule
The conditions under Section 305(3) for declaring a state of emergency include:

 War or external aggression
 Breakdown of public order and safety
 Natural disasters or any other grave emergency threatening Nigeria’s corporate existence

None of these conditions exist in current circumstances in Rivers State. There is no war, no widespread violence, and no breakdown of law and order warranting emergency declaration.

4. Failure to Follow Due Process
Even if an emergency declaration were valid (which it is not), it would still require a two-thirds majority approval of ALL members of the National Assembly—that is, at least, 72 Senators and 240 members of the House of Representatives. If this approval is not secured, the proclamation must automatically cease to have effect.

5. Alternative Legal Avenues Were Ignored
If the issue was the dysfunction of the Rivers State House of Assembly, the President could have encouraged the National Assembly to intervene under Section 11 of the Constitution. However, even under such an intervention, the Governor and Deputy Governor cannot be removed by any arm of government except through constitutional means, as the proviso to S. 11(4) clearly provides.

A Manufactured Crisis for Political Control

This State of Emergency declaration is not about security—it is about power grabbing and control. The disagreements within Rivers State stem from the defection of 27 Assembly members from the PDP to the APC, their loss of seats under constitutional provisions, and the subsequent political manoeuvring to undermine the Governor’s mandate.

Rather than allowing the law to take its course, the federal government has engineered a crisis to justify this obviously premeditated and brazenly cynical unconstitutional action. We find the federal government’s excuse of pipeline vandalism quite untenable and even laughable. The security of national infrastructure falls squarely under the responsibilities of federal security agencies and privately contracted security firms. If this issue has to do with breach of security in whatever form, the question that should naturally be asked are: Who controls the police, the military, and the DSS? The Governor or the President?

Our Demand and Call to Action

1. Immediate Reversal: We call on President Bola Ahmed Tinubu to immediately revoke this unconstitutional proclamation and reinstate the elected Governor, Deputy Governor, and State Assembly of Rivers State.

2. National Assembly’s Rejection: We call on patriotic Senators and Representatives to vote against this illegal action when it comes before them for approval. The National Assembly must stand on the right side of history and not allow itself to be used to legitimise an unconstitutional power grab.

3. Judicial Intervention: We urge the judiciary to act swiftly in striking down this proclamation, as it sets a dangerous precedent that could be used to arbitrarily remove any Governor in the future.

4. Nigerians Must Defend Democracy: We call on all civil society organisations, political groups, and Nigerians of good conscience to stand firm in the defence of this democracy that we have all toiled to build. Rivers State is not a conquered territory, and Nigeria is not a dictatorship requiring the replacement of an ELECTED GOVERNOR with a MILITARY ADMINISTRATOR. We recall that even when a previous administration had declared a state of emergency in parts of the country bedevilled by insurgency and acts of terrorism, the governors of the concerned states were not removed from office as this administration has done. This action, by President Tinubu therefore represents a new low for our country.

Conclusion

The historical unrest in the Niger Delta should not be forgotten so soon. Past administrations had made great efforts and sacrifices to restore peace and stability to the Niger Delta, which is critical to the economic health and stability of Nigeria itself. This federal government should not manufacture political crises that could disrupt the fragile stability and return the country to the past that we have all prayed to leave behind for good.

We must never allow personal political interests and the desire to hold on to power at all costs to throw the country into unavoidable chaos through brazen subversion of the principles of federalism, democracy, and constitutional governance. This is not just about Rivers State—it is about the future of Nigeria’s democracy.

We thank you all.

Thursday, 20th March, 2025