The 2023 presidential candidate of the Peoples Democratic Party, Mr. Atiku Abubakar, along with his Labour Party counterpart, Mr. Peter Obi, and other opposition leaders, have urged the National Assembly to oppose President Bola Tinubu’s declaration of a state of emergency in Rivers State.

Atiku, speaking on behalf of the opposition leaders at a press conference at the Yar’Adua Centre in Abuja today, accused Tinubu of favouritism and the improper use of Section 305 regarding state of emergency.

Other opposition leaders present at the press conference include Labour Party’s 2023 presidential candidate, Peter Obi, who is represented by Yunusa Tanko; former Secretary to the Government of the Federation, Babachir Lawal; former Kaduna State Governor Nasir El-Rufai; National Secretary of the Coalition of United Political Parties, Peter Ahmeh, and Convener of the Alternative, Segun Showunmi, among others.

Among those whose apologies were announced are former governors Rotimi Amaechi (Rivers), Kayode Fayemi (Ekiti), and the immediate past National Chairman of the All Progressives Congress, Abdullahi Adamu, among others.

Atiku stated: “We call on President Bola Ahmed Tinubu to immediately revoke this unconstitutional proclamation and reinstate the elected Governor, Deputy Governor, and State Assembly of Rivers State.

“We call on patriotic Senators and Representatives to vote against this illegal action when it comes before them for approval.

“The National Assembly must stand on the right side of history and not allow itself to be used to legitimise an unconstitutional power grab.”

Recall that Rivers State has been engulfed in political instability for nearly two years as former Governor Nyesom Wike and his successor, Siminalayi Fubara, vie for supremacy, leading to a governance deadlock in the oil-rich state.

As a result, the President declared a state of emergency in the state on Tuesday during a nationwide broadcast. He stressed the need for order and suspended Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the state House of Assembly for six months. Additionally, retired Vice Admiral Ibok-Ette Ibas was appointed as the state’s administrator.

THE PUNCH reports that within hours of the declaration, military forces took control of the Rivers Government House in Port Harcourt. While Fubara expressed his concerns and called for calm, the state House of Assembly supported the President’s decision.

Below is the full text of the speech as obtained by CITY LAWYER.

JOINT PRESS CONFERENCE BY CONCERNED LEADERS AND POLITICAL STAKEHOLDERS IN NIGERIA ON THE UNCONSTITUTIONAL DECLARATION OF A STATE OF EMERGENCY IN RIVERS STATE BY PRESIDENT BOLA AHMED TINUBU

Fellow Nigerians,

We, a cross-section of leaders and political stakeholders from across the country, have come together to address the dangerous and unconstitutional actions taken by President Bola Ahmed Tinubu, GCFR, on March 18, 2025—to wit, the declaration of a State of Emergency in Rivers State and the illegal suspension of the Governor, Deputy Governor, and the State House of Assembly.

This action is not only unlawful but a clear attempt to subvert democracy and impose federal control over a duly elected state government. We strongly condemn this development and call on all Nigerians of good conscience to resist this brazen assault on constitutional governance.

Seemingly, Mr President’s illegal and unconstitutional proclamation was driven by the protracted insidious political crisis in Rivers State, culminating in the recent ruling of the Supreme Court. Ordinarily, all parties involved would have been expected to follow laid-down procedures, motivated by good faith, to quickly implement the judgment of the highest court of the land. We note that Governor Fubara’s disposition is geared towards full implementation of the ruling of the Supreme Court, despite provocative statements from opposing quarters.

It is also notable that Mr President’s broadcast to the nation on 18th March 2025 betrayed his bias and is infra dig of the sophisticated communication expected from the highest office in the land. By so doing, the President dragged himself and his highly exalted office into the arena of the political brawl, thereby denigrating his high office through inelegant language, predisposed excessiveness and malignant deportment.

The Constitutional Violations

1.Illegal Removal of a Governor and State Assembly

The Nigerian Constitution does not empower the President to remove an elected Governor, Deputy Governor, or State Assembly under any circumstances. The procedure for removing a Governor is clearly outlined in Section 188 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) through an impeachment process initiated by the State House of Assembly—not by presidential proclamation.

2.Misuse of Section 305 on State of Emergency

Section 305 of the Constitution allows the President to declare a State of Emergency only in extreme cases where public safety, national security, or Nigeria’s sovereignty is at serious risk. However, it does not grant him the power to suspend elected officials or to demolish democratic structures as is currently being attempted.

Furthermore, Section 305(1) states that any proclamation of emergency is subject to the provisions of the Constitution—meaning it cannot override the tenure and removal procedures of a Governor.

3.Failure to Meet Constitutional Requirements for Emergency Rule

The conditions under Section 305(3) for declaring a state of emergency include:

War or external aggression

Breakdown of public order and safety

Natural disasters or any other grave emergency threatening Nigeria’s corporate existence

None of these conditions exist in current circumstances in Rivers State. There is no war, no widespread violence, and no breakdown of law and order warranting emergency rule.

4.Failure to Follow Due Process

Even if an emergency declaration were valid (which it is not), it would still require a two-thirds majority approval of ALL members of the National Assembly—that is, at least, 72 Senators and 240 members of the House of Representatives. If this approval is not secured, the proclamation must automatically cease to have effect.

5.Alternative Legal Avenues Were Ignored

If the issue was the dysfunction of the Rivers State House of Assembly, the President could have encouraged the National Assembly to intervene under Section 11 of the Constitution. However, even under such an intervention, the Governor and Deputy Governor cannot be removed by any arm of government except through constitutional means, as the proviso to S. 11(4) clearly provides.

A Manufactured Crisis for Political Control

This State of Emergency declaration is not about security—it is about power. The disagreements within Rivers State stem from the defection of 27 Assembly members from the PDP to the APC, their loss of seats under constitutional provisions, and the subsequent political manoeuvring to undermine the Governor’s mandate.

Rather than allowing the law to take its course, the federal government has engineered a crisis to justify this unconstitutional action. The excuse of pipeline vandalism—an issue squarely under the control of federal security agencies and privately contracted security firms—is laughable. If security breaches are the concern, the first question should be: Who controls the police, the military, and the DSS? The Governor or the President?

Our Demand and Call to Action

1.Immediate Reversal: We call on President Bola Ahmed Tinubu to immediately revoke this unconstitutional proclamation and reinstate the elected Governor, Deputy Governor, and State Assembly of Rivers State.

2.National Assembly’s Rejection: We call on patriotic Senators and Representatives to vote against this illegal action when it comes before them for approval. The National Assembly must not be used to legitimise an unconstitutional power grab.

3.Judicial Intervention: We urge the judiciary to act swiftly in striking down this proclamation, as it sets a dangerous precedent that could be used to arbitrarily remove any Governor in the future.

4.Nigerians Must Defend Democracy: We call on all civil society organisations, political groups, and Nigerians of good conscience to stand firm in the defence of this democracy that we have all toiled to build. Rivers State is not a conquered territory, and Nigeria is not a dictatorship requiring the replacement of an ELECTED GOVERNOR with a MILITARY ADMINISTRATOR.

Conclusion

A peaceful Niger Delta is critical to the economic health and stability of Nigeria. The federal government should not manufacture political crises that could disrupt this fragile stability.

We must never allow personal political interests to override the principles of federalism, democracy, and constitutional governance. This is not just about Rivers State—it is about the future of Nigeria’s democracy.

We thank you all.

Thursday, 20th March, 2025.