The Peoples Democratic Party (PDP) has rejected the declaration of State of Emergency in Rivers State, stating that the president has no power to suspend democratically elected governor.
The party stated this in a statement by its National Publicity Secretary, Debo Ologunagba on Tuesday in Abuja.
President Bola Tinubu had on Tuesday in a national broadcast declared a state of emergency in Rivers, suspending both the legislative and executive arms of the state for six months, as part of efforts to restore peace in the state
Ologunagba, however, described Mr president’s action as “utter violation” of the 1999 Constitution.
“The PDP outrightly rejects this attempt by the President to override the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and undermine the votes and will of the people of Rivers by seeking to depose a democratic government and foist an undemocratic rule in the State.
“The unconstitutional declaration by President Tinubu of the suspension of the democratically elected Governor of Rivers, 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.
“It is an abrogation of the votes and democratic right of the people of Rivers State to choose their leader under the Constitution,” he said.
Ologunagba also described it as clear attempt at state capture and a well-oiled plot to forcefully take over Rivers for the All Progressives Congress (APC).
He said that the reasons adduced by the President could not justify the declaration of a state of emergency in the state under the 1999 Constitution, rendering the declaration completely incompetent.
Ologunagba said that the unwarranted imposition of emergency rule in Rivers State was part of a plot to foist a siege mentality across Nigeria, decimate opposition and impose a one-party State.
“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’.
“Mr President should recognise that his order to an unelected individual to forthwith take over government of Rivers State is illegal and a clear recipe for crisis, threat to the peace and stability of not only Rivers State but the entire nation,” he said.
Ologunagba said that Governor Fubara was democratically elected for a tenure of four years which tenure could not be unconstitutionally abridged.
“The PDP therefore cautions Vice Admiral Ibokette Ibas (rtd) to respect the Constitution and ensure that he does not take any action or step which is capable of derailing smooth democratic Governance in Rivers State.
“Nigeria is not under a military rule where the Governance of a State is by appointment by a junta,” Ologunagba said.
