Nigeria’s Coalition of United Political Parties (CUPP) has said that nothing has warranted the declaration of State of Emergency on Rivers State, suspension of Governor Siminalayi Fubara and his deputy, by President Bola Tinubu, vowing to seek legal action to quash what it called the latest assault on Nigeria’s constitutional democracy.
It noted that Tinubu’s decisions were biased and had great implications for the survival of democratic governance in Nigeria.
“We strongly condemn the recent suspension of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly by President Bola Tinubu. This action is a blatant violation of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and an alarming abuse of power,” CUPP stated.
Tinubu had on Tuesday declared a state of emergency in Rivers State following the protracted political crisis in the state. He made the proclamation during a nationwide broadcast, suspending Governor Siminalayi Fubara, his deputy and all the members of the House of Assembly for six months.
But, reacting to the development, the coalition, in a statement jointly signed by CUPP leaders High Chief Peter Ameh, Ikenga Imo ugochinyere and Comrade Mark Adebayo, described the suspension as unacceptable and a democratic coup against the Rivers people in favour of dark ambition of greedy desperados.
The coalition recalled that when President Goodluck Jonathan declared a state of emergency in Adamawa, Borno and Yobe States in May 2013, he rejected the illegal advice of some power mongers to remove the elected governors and dissolve other democratic structures in the affected states.
Citing some constitutional provisions, the coalition stated that State governments do not answer to the Federal government as they are separate and the President only has authority over federal employees and no other.
The coalition warned that allowing what it called unlawful suspension sets a precedent for a dictatorship masked as democracy, adding that usurping the power of National Assembly to take over powers of a State Assembly and giving it to the Federal Executive Council (FEC) was a coup against democracy.
The statement read, “The suspension of a sitting Governor under the guise of a state of emergency is an illegal and unconstitutional act, amounting to a coup against democracy. This move serves the dark ambitions of desperate political actors and undermines the sovereignty of the Nigerian people.
“Since the Supreme Court ruling, Governor Fubara has tried to act right but these guys the local political blackmailers and propagandist, keep suffering Rivers state. The governor compiled and presented the budget and they ran away from receiving him, meaning their interest is not the budget but to ensure the people of Rivers their own people suffer and die from hunger.
“The Governor wrote another letter to them and they claimed to have gone on recess on Friday evening and now suddenly the people who went on recess on Friday wakes up on Monday to claim they have commenced a purported impeachment, just to distract the slated budget presentation billed for this week. With this declaration the Federal Government and its political allies have systematically undermined the peace in Rivers State. The recent pipeline explosion—likely a deliberate act by Abuja-backed elements—is a calculated attempt to justify emergency rule.
“This suspension is in Violation of Section 1(2) of the 1999 Constitution (As Amended) The Constitution expressly prohibits any forceful takeover of government outside democratic and constitutional processes: The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.” Suspending a sitting governor violates this provision, as no state of emergency grants the President the power to remove or suspend a duly elected official.
“The Supreme Court of Nigeria has consistently ruled that the declaration of a state of emergency does not empower the President to remove elected officials. In A.G. Federation v. A.G. Lagos State (2013) LPELR-20974(SC), the Supreme Court ruled that: “Under no circumstances shall the democratic structures be suspended or dissolved, even in a state of emergency.” In the case of A.G. Plateau State v. A.G. Federation (2006), the Supreme Court invalidated the removal of elected officials during a state of emergency in Plateau State.
“In 2013, former President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states, yet: He did not remove or suspend the governors. He stated that “all democratic structures remain intact” while security operations intensified.”
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