Legal scholar and human rights lawyer, Mike Ozekhome, SAN, has condemned President Bola Tinubu’s declaration of emergency rule in Rivers State, asserting that the move has no legal foundation and directly violates Nigeria’s 1999 Constitution.
In a statement released on Thursday, Ozekhome stated that neither constitutional provisions, judicial precedents, nor existing statutes grant the President the authority to suspend an elected Governor, Deputy Governor, or State House of Assembly.
Ozekhome emphasized that Section 305 of the 1999 Constitution—which empowers the President to declare a state of emergency —does not permit the suspension or removal of elected state officials. He further pointed out that Section 11(4) specifically prevents even the National Assembly from dismissing a Governor under emergency rule, making it impossible for the President to claim such powers.
“No constitutional provision, statute, or known legal convention grants the President the imperial and dictatorial authority to single-handedly dissolve the structures of an elected state government,” he asserted.
The constitutional lawyer noted that emergency powers under Section 305 are designed solely to restore order in times of extreme crisis, not as a means for dismantling legitimate state governance.
Ozekhome warned against what he described as an unconstitutional civilian coup d’état, where executive fiat is used to topple elected officials. He accused Tinubu’s administration of violating the very Supreme Court judgment it claims to be enforcing, stating that installing a Sole Administrator to manage Rivers State finances under Section 162 of the Constitution was unlawful.
“President Tinubu clearly lacks the power, authority, and vires to suspend democratic structures, especially the removal of Governor Sim Fubara and the Rivers State House of Assembly members. His act constitutes nothing but a gross constitutional aberration and a most illegal, unlawful, wrongful, and unconscionable step that has the potential of imploding Nigeria at large and Rivers State in particular,” he said.
Ozekhome raised concerns about the long-term consequences of Tinubu’s actions, warning that such executive overreach could set a dangerous precedent for Nigeria’s democracy.
“If a President can wake up one morning and, under the guise of an emergency, remove a Governor and dissolve the State Legislature, what prevents the same President or future Presidents from doing the same in other states?” he asked.
He extended this logic further, questioning whether a President could declare an emergency in the Federal Capital Territory (FCT) and assume control of the Senate and House of Representatives.
“Could the President then suspend the Senate and the House of Representatives that supervise the FCT and appoint himself as Sole Administrator of the FCT and the Federal Republic of Nigeria?” Ozekhome queried.
According to Ozekhome, Tinubu’s administration is attempting to justify its actions by citing emergency regulations that do not exist within Nigeria’s legal framework. He argued that the decision to suspend the Rivers State government was not about law and order but rather political maneuvering and personal grievances.
He noted that Nigeria is facing multiple crises, including economic hardship, rising insecurity, and deep-seated political divisions, yet rather than addressing these pressing issues, the government appears to be using emergency powers as a political tool.
“If Rivers State warranted emergency rule, why then have states like Zamfara and Niger, where armed bandits and insurgents have crippled governance, not received the same treatment?” he asked.
“Even the most ardent defenders of Tinubu’s emergency decree must pause and ask: is Rivers State truly the greatest threat to national stability, or is it simply the most convenient political battleground? If emergency rule in Rivers was truly about law and order, why was a hand-picked Administrator imposed while duly elected officials were unceremoniously suspended from office? Is this about democratic governance, or is it about power and control?”
Ozekhome stressed that Nigeria remains a constitutional democracy, and as such, the same laws must apply uniformly, regardless of political affiliation or convenience.
“If Tinubu’s draconian action in Rivers State is allowed to stand, it sets a dangerous precedent where emergency powers become a tool for political suppression and repression rather than a last resort for genuine intractable crises,” he warned.
He concluded by urging all Nigerians to resist any attempt to undermine democratic governance, emphasizing that the Constitution must remain the supreme guide in all matters of state.
