CSOs condemn “unconstitutional actions” in Rivers State

A coalition of Civil Society Organizations (CSOs), human rights advocates, legal practitioners, and pro-democracy actors has issued a strongly worded statement condemning the Federal Government’s unconstitutional actions in Rivers State.

The statement, released today, highlights the unlawful suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly, the imposition of a State of Emergency without due process, and the installation of a sole administrator as grave violations of Nigeria’s democracy and rule of law.

The coalition, comprising organizations such as the Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS), Foundation for Environmental Rights, Advocacy & Development (FENRAD), and Youth and Students Advocates for Development Initiative (YSAD), among others, described the Federal Government’s actions as a direct assault on constitutional governance and called for immediate reversal.

The coalition emphasized that the 1999 Constitution of Nigeria (as amended) provides a clear framework for declaring a State of Emergency under Section 305.

However, the current situation in Rivers State does not meet any of the conditions outlined in the Constitution, such as war, invasion, natural disaster, or a breakdown of public order.

The statement also cited Section 11(4) and Section 11(5) of the Constitution, which prohibit the suspension or removal of elected officials, including Governors and State Assembly members.

The coalition argued that the Federal Government’s actions are unconstitutional, illegal, and a direct violation of Nigeria’s democratic order.

The coalition highlighted the double standards in the Federal Government’s handling of crises across Nigeria.

For instance, Borno State has endured over a decade of Boko Haram insurgency, yet its Governor was never suspended. Similarly, Katsina, Sokoto, Kaduna, and Zamfara States have faced severe banditry, kidnappings, and ethno-religious violence, but no emergency rule was imposed.

The coalition questioned why Rivers State, which has no comparable security crisis, is being singled out for such drastic measures.

The statement warned that the removal of an elected Governor and Legislature sets a dangerous precedent for Nigeria’s democracy.

It accused President Bola Ahmed Tinubu of violating the separation of powers (Sections 4, 5, and 6 of the Constitution), disregarding judicial precedent (Inakoju v. Adeleke (2007)), which affirmed that Governors cannot be removed without following constitutional processes, and contradicting the sovereignty of the people (Section 14(2)(a)), which states that government derives its authority from the will of the people.

The coalition described the Federal Government’s actions as a direct threat to Nigeria’s democracy and called for immediate intervention.

The coalition outlined five key demands to address the crisis. First, they called for the immediate restoration of Governor Fubara and the Rivers State House of Assembly, arguing that the President lacks the constitutional power to suspend elected officials.

Second, they urged judicial intervention against executive overreach, calling on Governor Fubara, members of the Rivers State Assembly, and civil society to challenge the illegal act at the Supreme Court.

Third, they demanded that the National Assembly uphold the Constitution by rejecting the unconstitutional intervention and reaffirming their oversight powers under Sections 4 and 11(4) of the Constitution.

Fourth, the coalition pledged to engage international bodies, including the United Nations (UN), African Union (AU), ECOWAS, and human rights organizations, to condemn the abuse of power.

Finally, they called for legislative reform to prevent future abuse, urging constitutional amendments to explicitly prohibit the removal of elected officials under emergency powers.

The coalition warned that the illegal takeover of Rivers State must not be allowed to stand, as it sets a precedent for arbitrary removal of state governments.

They called on all Nigerians—civil society, legal practitioners, lawmakers, the judiciary, and international organizations—to stand against this executive lawlessness.

The statement concluded with a rallying cry: “Democracy must be defended. The rule of law must prevail.”

The statement was signed by the following organizations, among others: Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS), Foundation For Environmental Rights, Advocacy & Development (FENRAD), Youth and Students Advocates for Development Initiative (YSAD), Society for Human Rights Advocacy and Development (SOHAD), Human Rights, Justice and Peace Foundation (HRJPF), Vivacious Development Initiative (VIDI), African Centre for Human Advancement and Resource Support (CHARS-Africa), Abia Civil Society Network (ACSON), ITER LUX FOUNDATION For Women and Child Development, and Gender Equality and Good Governance Initiative (GEGGI).

Copies of the statement were sent to key stakeholders, including the President of the Senate of the Federal Republic of Nigeria, the Speaker of the House of Representatives, the Attorney General of the Federation, the Chief Justice of Nigeria, the Chairperson of the African Commission on Human and Peoples’ Rights, the President of the ECOWAS Commission, the United Nations High Commissioner for Human Rights, the International Bar Association, Amnesty International, and Human Rights Watch.

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