Veteran journalist and former presidential spokesman under the administration of Goodluck Jonathan, Dr. Reuben Abati, has said that President Bola Tinubu committed an impeachable offence by outrightly declaring a state of emergency in Rivers State.
Mr. Abati said this on Wednesday during The Morning Show on Arise Television.
He argued that Tinubu’s decision violated the Nigerian Constitution, particularly Section 305, which outlines the legal framework for declaring a state of emergency.
He said, “The section 305 explains the circumstances under which the president shall declare a state of emergency and the conditions are properly stated.
“If there is a threat or imminent war, is Nigeria facing a threat of war in Rivers State? it also talked about a situation where anything could happen in any part of the federation–where Nigeria could find itself in a chaotic situation, the president is required to act.
Speaking further, Abati accused Mr Tinubu of acting as a dictator by declaring that the newly appointed sole administrator and the Federal Executive Council will make laws for the Rivers State House of Assembly.
Abati added, “Let me first comment from an interpretation of the Constitution which the President himself highlighted. He said he was acting within the purview of Section 305 of the Constitution.
“Section 305 of the Constitution explains the circumstances under which the President shall declare a state of emergency, and the conditions are properly stated, if the country is facing a threat of war or imminent war. Is Nigeria facing the threat of war in Rivers state? That’s one question.
“It also talks about, you know, a situation whereby something could happen in any part of the Federation where, you know, Nigeria, could find itself in a chaotic situation, the President is required to act.
“Number three, where the governor in that particular state does not immediately respond, you know, to the crisis situation and does not approach the president to act in the national interest.
“So those conditions are properly spelt out. However, that same section 305, says that the President, you know, will give a proclamation, which will be gazetted, and then we’ll go to the National Assembly, and the National Assembly, if it’s in session within, I think, 48 hours would act. If it’s in recess within 10 days will act.
“If the National Assembly does not consider that particular proclamation gazetted valid, then it will vote otherwise, two thirds majority of the two houses, the Senate and the House of Representatives. And if that happens, the decision is abated.
“Let me now say that section 305 which the president quoted is the operative principle. Now let’s look at what the president said. I think that the president has violated the Constitution even within the purview of Section 305, and he has violated the Constitution because he was not properly advised to respect that section of the Constitution.
“In what regard did he violate that section of the Constitution? In fact, he acted as a dictator by saying that the administrator that he has appointed can make regulations and laws will be made for the Rivers State House of Assembly by the Federal Executive Council.
“The Federal Executive Council does not have such powers. Section 11 of the same constitution says that, look, when there is a state of emergency, it’s only the National Assembly that can make laws for a state House of Assembly.
“Now, President Tinubu has appropriated unto himself the powers to make laws for the Rivers State House of Assembly. That’s an impeachable offence.
“I don’t know whether the National Assembly will have the courage either to reject his gazetted proclamation or to proceed on an issue of impeachment against him for violating the Constitution of the Federal Republic of Nigeria.
“Now the other relevant portion of the Constitution is Section 188 of the Constitution, which spells out how a governor can be removed from office.
“A governor cannot be removed from office by the proclamation of the president of Nigeria, it can only be really removed if there is gross misconduct, as you know, put as an allegation by the House of Assembly, and then the CJ is advised to form a panel of reasonable people, you know, people of distinguished qualities in the state.
“And if that panel now decides, within the purview of Section 180 that those allegations are wrong, that puts an end to that process. The president has not followed that.
“He has acted unilaterally. Section one, subsection two of the same constitution says that this country, called Nigeria, cannot be governed except by the provisions of the Constitution.
“There is no provision in the 1999 Constitution that says that the president of Nigeria can unilaterally remove a governor, remove the deputy governor, remove the legislature in Nigeria.
“So, that, again, proves that this is a violation of the Constitution. The people who advised the president must be called to order.”
