CSOs Condemn Tinubu’s Unconstitutional Removal of Elected Officials in Rivers State

This is contained in a press statement released Wednesday, and signed by Yunusa Zakara Ya’u, on behalf of the Nigeria Civil Society Situation Room.

Ya’u noted that the Situation Room described the move as an “egregious assault on Nigeria’s constitutional democracy” and a serious threat to the country’s rule of law. The group emphasized that the actions taken by President Tinubu represent a dangerous and unconstitutional overreach that must not be allowed to stand.

The Situation Room challenged the President’s justification for the emergency declaration, which was based on Section 305 of the 1999 Constitution (as amended). The group argues that while the Constitution allows for a State of Emergency under specific conditions, it does not grant the President the authority to unilaterally remove elected officials or dissolve democratic institutions. The Situation Room cited the judgment of the Supreme Court on the Rivers State issue, which was referenced by President Tinubu himself in his recent address.

The Civil Society group further argued that the current political situation in Rivers State does not meet the constitutional criteria for declaring a State of Emergency. These criteria include extreme circumstances such as war, external aggression, a breakdown of public order, and threats to a state government. The group contends that none of these conditions are present in Rivers State.

The Nigeria Civil Society Situation Room has called for the National Assembly to reject the declaration and uphold its constitutional duty to check executive excesses. The group specifically urged the Senate and the House of Representatives to resist this unconstitutional move, warning that it threatens the stability of Nigeria’s democracy and could pave the way for authoritarian rule.

“The President’s reckless decision poses a direct threat to democratic governance, undermines human rights, and violates the rule of law,” the Situation Room stated, adding that the government is prioritizing political battles over addressing the country’s economic and security challenges.

The press statement also noted that the upcoming vote on the emergency declaration must be conducted transparently, with each member of the House of Representatives and Senate voting electronically. According to the Constitution, the emergency declaration can only pass with a two-thirds majority in both chambers. Specifically, at least 240 members of the House and 72 Senators must vote in favor for the declaration to stand. If this threshold is not met, the declaration must fail, and the elected officials in Rivers State should be reinstated.

The Situation Room further called on Nigeria’s judiciary to assert its independence and prevent this unconstitutional action from taking hold, urging the courts to play a key role in moderating executive overreach.

In addition, the Civil Society group urged the international community, including the United Nations, the African Union, and ECOWAS, to take note of this constitutional breach and exert diplomatic pressure on the Nigerian government to reverse the actions taken.

“The sovereignty of the Nigerian people must be respected, and any attempt to override their electoral mandate is a direct affront to democracy,” the Situation Room declared.

The Nigeria Civil Society Situation Room reaffirmed its commitment to defending democracy and ensuring that Nigeria does not descend into executive tyranny. The group has called on Nigerians to unite in opposition to this unconstitutional action and demand the restoration of democratic governance in Rivers State.