Human rights lawyer and lead counsel for the IPOB, Sir Ifeanyi Ejiofor has condemned the declaration of a state of emergency in Rivers State by President Bola Tinubu, describing it as a gross violation of the Nigerian Constitution.
In a statement issued on Thursday , Ejiofor characterized President Bola Ahmed Tinubu's decision to declare the state of emergency as unconstitutional and an overreach of executive power. He emphasized that the suspension of Governor Siminalayi Fubara, his deputy, and the entire Rivers State House of Assembly constitutes an outright assault on constitutional democracy and a blatant deviation from the legal provisions governing emergency declarations.
Ejiofor pointed out that the Constitution specifies the conditions under which a state of emergency may be declared, asserting that none of these conditions exist in Rivers State.
The human rights lawyer called on both the Legislature and the Judiciary to take decisive action in defense of democracy. He urged the National Assembly to reject the illegal declaration and reassert its constitutional authority.
"If the Legislature fails in its duty, the Judiciary, as Nigeria’s last hope for justice, must step in to uphold the rule of law and safeguard the nation’s democratic integrity," Ejiofor stated.
His statement reads:
“The ongoing political struggle for control over Rivers State and its vast resources reached a critical and alarming point with President Tinubu’s proclamation of a state of emergency. While many Nigerians expressed shock at this drastic move, it comes as no surprise to those who have closely followed the unfolding power dynamics. This action appears to be a calculated political maneuver designed to appease a powerful political godfather, rather than a genuine response to any constitutional crisis.
For those well-versed in Nigeria’s constitutional framework, this development was a foreseeable outcome, an undemocratic last resort. A proper interpretation of Section 305 (3)(a-g) of the 1999 Constitution (as amended) clearly exposes the political motivation behind this decision. Rivers State does not meet any of the stipulated conditions required to justify such an extreme measure.
The suspension of Governor Siminalayi Fubara, his Deputy, and the entire Rivers State House of Assembly is not only an outright attack on constitutional democracy but also a blatant deviation from the legal provisions governing emergency declarations. In simple terms, this is nothing short of a coup against democratic institutions. Sadly, the National Assembly, which should serve as a check on executive overreach, has become the weakest and most compromised legislative body in Nigeria’s democratic history.
In my previous live broadcast, I emphasized that President Tinubu’s invocation of Section 305 was a fundamental error and an abuse of executive power. The Constitution outlines specific conditions under which a state of emergency may be declared, including: (a) the Federation is at war; (b) the Federation is in imminent danger of invasion or involvement in a state of war; (c) there is an actual breakdown of public order and public safety in the Federation or any part thereof to such an extent as to require extraordinary measures to restore peace and security; (d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger; (e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in the Federation; (f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or (g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.
None of these conditions exist in Rivers State. There is no war, no large-scale unrest, and no imminent security threat warranting such drastic action. Therefore, the President’s decision is unconstitutional and an overreach of executive power.
It is now incumbent upon both the Legislature and the Judiciary to act decisively in defense of democracy. The National Assembly must reject this illegal declaration and reassert its constitutional authority. If it fails in its duty, the Judiciary, Nigeria’s last hope for justice, must step in to uphold the rule of law and safeguard the nation’s democratic integrity.
I commend the Nigerian Bar Association (NBA) under the leadership of Mazi Afam Osigwe, SAN, for its prompt intervention. This is a defining moment for Nigeria’s democracy. We must not allow constitutional violations to stand unchecked. The world is watching, and the credibility of our institutions is on the line.
Let wisdom, justice, and the rule of law prevail.”