The Peoples Democratic Party (PDP) has rejected the imposition of a state of emergency in Rivers State, declaring that President Bola Tinubu does not have the constitutional power to suspend the democratically elected governor of the state, Siminalayi Fubara.
In a statement on Tuesday, PDP spokesman Debo Ologunagba said Tinubu’s proclamation was in violation of the 1999 Constitution.
The PDP spokesman said, “The unconstitutional declaration by President Tinubu of the suspension of the democratically elected Governor of Rivers State, Governor Siminalayi Fubara and appointment of an unelected individual, Vice Admiral Ibokette Ibas (rtd) to govern the State is a clear attack on our nation’s democracy, an abrogation of the votes and democratic right of the people of Rivers State to choose their leader under the Constitution.
“The action of Mr. President therefore clearly borders on attempt at state capture.
“It is the climax of a well-oiled plot to forcefully take over Rivers State for which the All Progressives Congress (APC) has been bent on stoking crisis to ensure that democracy is ultimately truncated in the State.”
“The PDP alerts that the unwarranted imposition of emergency rule in Rivers State is part of the larger vicious plot to foist a siege mentality across Nigeria, decimate opposition, impose a totalitarian one-Party State and turn the country into a fiefdom
“In any case, nothing in Section 305 of the 1999 Constitution relied upon by the President in the declaration grants him the exclusive powers to declare or execute the declaration of a state of emergency without recourse to the statutory approval of the National Assembly.
“For the avoidance of doubt, Section 305 (2) provides that “The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation,” he added.
