MR. BOLA AHMED TINUBU
THE PRESIDENT- FEDERAL REPUBLIC OF NIGERIA
ASO ROCK VILLA
ABUJA
Dear President,
DEMAND FOR IMMEDIATE REVERSAL OF STATE OF EMERGENCY IN RIVERS STATE IN-ORDER TO END YOUR REIGN OF IMPUNITY AND CONSEQUENTIAL DRONES OF ILLEGALITY AGAINST THE PEOPLE OF RIVERS STATE AND THE NIGERIAN CONSTITUTIONAL IDEOLOGY OF DEMOCRACY AND SOCIAL JUSTICE.
(REACTION TO THE STATEMENT OF THE FCT MINISTER ON THE EMERGENCY POWER ACT)
Mr. President, it is either you are mis-guided by your advisers or you are well ignorant of our laws or you are simply a desperate political dictator who puts his political interest above the same Constitution he swore to defend and people he swore to ensure their welfare and security.
It is apparent that you have driven yourself to believe that nothing will happen in the face of your very provocative actions against the majority of the good people of Rivers State, but, let me assure you that something will happen to judge your show of impunity and impudence.
You will, like Nebuchadnezzar, find out some day, that there is a God in heaven who rules over the affairs of men on earth and Karma is eager to judge your reign of impunity.
Mr. President, your declaration of state of emergency in Rivers State is unjust as it doesn’t meet the constitutional requirement for such declaration. Kindly see S. 305 (2 a-f) and compare the peace in Rivers State to the killings in Benue and Plateau State and review your decision.
State of Emergency is mainly declared on security grounds and it is limited to affected areas.
Pilex Centre has looked at your new regulation themed EMERGENCY POWERS (CONDUCT OF LOCAL GOERNMENT COUNCIL ELECTIONS AND LOCAL GOVERNMENT ELECTION TRIBUNAL PROCEEDINGS) REGULATIONS, 2025, wherein you defined the 23 Local Government Areas of Rivers State as Emergency Areas and proceeded to bestow power on the Sole Administrator to appoint and swear in Chairman and members of the Rivers State Independent Electoral Commission. Sir, be minded that these appointments were made before this your irregular regulations and cannot take retroactive effect to cure the anomalies and illegalities. You are part of those who join to waste Rivers State funds as an independent Judiciary will nullify this election.
Mr. President, your action shows so much desperation and purely reveals that the declaration of state of emergency was merely a political matter to give the structure of the state to the FCT Minister who has vowed to wrestle our governor until his selfish desires are met against the will of millions of, WE THE PEOPLE OF RIVERS STATE.
Sir, in a state of emergency, what the President would rather do as extra ordinary measure to restore peace would be to militarize the emergency area until peace is restored and then he pulls out the military or police systematically. The President would rather suspend elections until peace is restored. However, Sir, you are using Emergency Rule to capture Rivers State. Such act of cowardice from the Commander in Chief of the Armed forces is not only shameful but very low.
You advisers should have listened to Vice President Shettima who condemned removal of an Elected Governor and Legislature when such emergency rule proclamation is made. MR. PRESIDENT, neither you nor the National of Assembly has the power to remove elected Governor, Deputy Governor or/and legislature.
Moreover, the proviso to S. 11(4) states that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or Deputy Governor of the state from office.
S 11(5) states “For the purpose of section (4) of this section, a House of Assembly shall not be deemed to be unable to perform its function so long as the House of Assembly can hold a meeting and transact business”. Kindly note that the Rivers Assembly could hold meetings
Mr. President, the facts in Rivers State before your infamous March 18, 2025 Emergency Rule declaration are;
The contention of the FCT Minister in his media parley that EMERGENCY POWER ACT gives you the power to make regulations, is absolutely subject to the provisions of the Constitution as regards security in a manner that affects the fundamental rights to liberty and movement of citizens (as extra ordinary measures) allowed under S. 45 of the Nigerian Constitution on derogation from Fundament Rights. E.g declaration of curfew, restricted areas, militarization of emergency area etc. which will clearly affect rights to liberty, movement etc.
The first sentence of S. 305 of the Nigerian Constitution limits Emergency rule to function “subject to the provisions of this Constitution”. As such, any other Laws like the EMERGENCY POWER ACT of 1961 which the Minister cited and the EMERGENCY POWERS (CONDUCT OF LOCAL GOERNMENT COUNCIL ELECTIONS AND LOCAL GOVERNMENT ELECTION TRIBUNAL PROCEEDINGS) REGULATIONS, 2025, which you promulgated, which is inconsistent with the provisions of the Nigerian Constitution shall be void to the extent of its inconsistency. Kindly see S. 1 (1,2,3) of the 1999 Constitution of Nigeria which you swore to defend.
S. 1(1) This Constitution is supreme and its provisions shall have binding force over all authorities in Nigeria……. (including you Mr. President)
S. 1(2) …….No person or group of persons shall take control of the Government of Nigeria or any part thereof except in accordance with the provision of this Constitution.
S 1(3) If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.
Former MILITARY DICTATOR Ibrahim Badamosi Babangida regrated his actions at a very old age and tried to make amends with Nigerians but it failed.