By Ikechukwu Nnochiri
ABUJA– A coalition of 70 Civil Society Organizations, CSO, in the country, on Wednesday, described as reckless and a dangerous threat to constitutional rule, President Bola Tinubu’s declaration of a State of Emergency in Rivers State.
Reacting under the aegis of Nigeria Civil Society Situation Room, the group, maintained that President Tinubu’s unilateral decision to remove the duly elected Governor and Deputy Governor from office, and the suspension of the State House of Assembly for six months, constituted “an agregious assault on Nigeria’s constitutional democracy that must not be allowed to stand.”
It, therefore, urged the Senate and the House of Representatives to uphold their constitutional duty of checking executive excesses by immediately rejecting “this unconstitutional overreach by the presidency, thereby preventing an authoritarian drift that threatens the stability of the nation.”
In a statement that was signed by its convener, Mr. YZ Ya’u, the Nigeria Civil Society Situation Room equally implored the international community, including the United Nations, “to take note of this constitutional breach and exert diplomatic pressure on the Nigerian government to reverse these illegal actions.”
It said: The President’s reliance on Section 305 of the 1999 Constitution (as amended) as a justification for this draconian move is a blatant misinterpretation of the law.
“While the Constitution provides for the declaration of a State of Emergency under specific and extreme circumstances, it does not grant the President the power to unilaterally sack elected officials or dissolve democratic institutions.
“The removal of a Governor and State legislators is a grave violation of the principles of separation of powers and the democratic rights of the people of Rivers State, who freely elected their leaders. This is a point underpinned by the judgment of the Supreme Court on the Rivers State issue which was ironically referenced by the President himself in his address last night.
“It is also evident that the political situation in Rivers State does not meet any of the circumstances to be declared as an emergency. According to the Constitution, valid circumstances for such a declaration include war or external aggression, a breakdown of public order and safety, and threats to the government of a state when the governor neglects to act, among others.
“The Nigeria Civil Society Situation Room categorically rejects this unconstitutional usurpation of power and calls on the National Assembly to refuse to approve this illegal declaration.
“The Civil Society Situation Room unequivocally reject the President’s reckless decision, which poses a direct threat to democratic governance, undermines human rights, and violates the rule of law in the country.
“The Presidency is prioritizing political battles and suppressing dissent over effective governance, neglecting the pressing economic and security challenges that the government urgently needs to address.
“Situation Room expects that voting on the Rivers State emergency declaration will be televised nationally with each person voting electronically. The Constitution is very clear that what is required for this emergency declaration to pass is two-third of votes of the 360 members of the House of Representatives and the 109 votes of members of the Senate.
“Meaning, that no less than 240 members of the House of Representatives and 72 Senators must vote in support of the declaration of the state of emergency for it to stand. Otherwise, the declaration must fail, and the Governor and the State Legislators be returned to office immediately.
“Furthermore, we note the special place of the judiciary in moderating executive excesses and rascality and do urge it to assert its independence and ensure that this assault on democracy does not stand.
“Democracy thrives on the respect for the rule of law, due process, and the will of the people. Any attempt to override the electoral mandate of the people of Rivers State is a direct affront to the sovereignty of the Nigerian people and must be resisted by all democratic forces.
“The Nigeria Civil Society Situation Room remains committed to defending democracy, upholding the rule of law, and ensuring that Nigeria does not descend into executive tyranny.
“We call on all Nigerians to stand in solidarity against this dangerous precedent and demand the full restoration of constitutional governance in Rivers State,” the statement further read.
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