President Bola Tinubu on Tuesday, declared a state of emergency in Rivers State over the protracted government/legislative crises within the state. Was his motion justified and can this return peace within the state? Asks ONYEKACHI EZE
Maybe, the presidency didn’t anticipate the backlash that trailed the March 18 declaration of state of emergency in Rivers State by President Bola Tinubu. It is because, it was not the primary time a sitting president could be exercising his energy below Part 305 of the 1999 Structure (as amended), to declare emergency rule in a state the place he suspected there was a breakdown of regulation and order and menace to democracy.
In Could 2004, Olusegun Obasanjo, then as a president, declared a state of emergency in Plateau State following a sectarian disaster within the state that led to lack of lives. All democratic buildings, together with the chief and legislative arms of presidency in any respect ranges within the state, had been suspended for six months. Chris Ali, a retired military Basic, was appointed as interim administrator for the time frame the emergency rule lasted.
Once more, in April 2006, following the impeachment of the governor, Ayodele Fayose and his deputy, Abiodun Olujimi, by the state Home of Meeting, for allegedly stealing public funds, Obasanjo once more declared a state of emergency in Ekiti State. This was due to a close to state of anarchy within the state, as there have been two claimants to the governorship place.
The state meeting had sworn within the Speaker as appearing governor whereas each Fayose and Olujimi had been nonetheless holding onto their positions. Obasanjo needed to act to revive order within the state. He sacked the governor, his deputy and the state meeting, and one other retired military Basic, Tunji Olurin as sole administrator for a interval of six months.
In 2013, Goodluck Jonathan, who was Nigeria’s president then, declared a partial state of emergency in Adamawa, Yobe and Borno States due to the actions of Boko Haram extremists within the area. It was partial as a result of Jonathan didn’t droop democratic buildings within the three states. Each the chief and legislative arms of presidency had been allowed to perform.
The declaration of state of emergency in Rivers State by President Bola Tinubu on March 18, in keeping with him, was to forestall breakdown of regulation and order, on account of intractable variations between the governor, Siminalayi Fubara and the state Home of Meeting. In accordance with the President, other than the truth that each the governor and Home of Meeting haven’t been capable of work collectively, “each of them don’t realise that they’re in workplace to work collectively for the peace and good governance of the state.” Tinubu added that there have been safety stories “that there have been disturbing incidents of vandalisation of pipelines by some militant with out the governor taking any motion to curtail them.”
Tinubu mentioned the state of emergency will final six months, and Vice Admiral Ibokette Iba (retd.) can be sole administrator throughout that interval.
Part 305 of the 1999 Structure (as amended) permits the President to declare a state of emergency in the entire nation or any half thereof, if the nation is concerned in any disaster scenario attributable to both human or pure phenomena equivalent to earthquake, floods, erosion and many others. The essence of this provision is to allow the president to revive peace and order throughout that interval of emergency after which normalcy will return.
Between smoke screan and vendetta
However the query is: did the scenario in Rivers State warrant the declaration of state of emergency? Though there was disagreement between the chief and the legislature, the declaration got here simply two weeks after the Supreme Courtroom dominated on the matter. And the governor had declared his intention to implement the apex court docket’s choices. Why then the hasty declaration of the state of emergency?
When did government and legislative friction grow to be a menace to public order and a floor for declaration of state of emergency? On this republic, about three or 4 state governors had been impeached by the legislature, and a state of emergency was not declared in any of those states. Rivers Home of Meeting solely served the governor impeachment discover, and the method had not even begun earlier than Tinubu’s suspension.
A gaggle of Involved Political Leaders led by former Vice President Alhaji Atiku Abubakar, mentioned it has every thing to do with “energy grabbing and management.” In any other case, why ought to the President blame the assault on state infrastructure on the governor, whereas the difficulty regarding breach of safety falls throughout the purview of the Federal Authorities’s managed businesses, the police, the navy, and the Directorate of State Providers (DSS)?
The Pan- Niger Delta Discussion board (PANDEF), the apex stress group within the South-South geopolitical zone, additionally mentioned Tinubu’s reference to assault on oil pipeline as the idea for the Fubara’s suspension, was merely a smoke scream, because it was not the primary time such occurrences had occurred in Nigeria “and even within the life span of the current administration.” PANDEF additional puzzled “Why use the incident as an alibi to declare a state of emergency, even earlier than safety forces perform investigations to find out the reason for what has occurred?
The Nationwide Bar Affiliation (NBA) believes the scenario in Rivers State has not reached the extent of an entire breakdown of regulation to warrant the declaration of a state of emergency. NBA President Mazi Afam Osigwe, SAN, argued that political disagreements, legislative conflicts, or executive-legislative tensions don’t represent a justification for emergency rule.
“Such conflicts needs to be resolved by way of authorized and constitutional mechanisms, together with the judiciary, reasonably than government fiat,” he mentioned.
The state of emergency in Rivers State will not be however political vendetta. It was, simply because the Atiku group mentioned, “petty favouritism.” Tinubu suspended Tinubu for six months to please the Minister of the Federal Capital Territory (FCT), Nyesom Wike, who has been having a operating battled with the governor since 2023. Although the lawmakers loyal to Wike gained a landmark judgement on the Supreme Courtroom, in opposition to Fubara, and although they’ve served the governor and his deputy impeachment discover, however given the rigorous technique of impeachment train, the quickest solution to see Fubara out of presidency home Port Harcourt is thru the declaration of state of emergency.
Pending ruling on legislators’ defection
Some have argued that the declaration of the state of emergency, might be an ambush because the Courtroom of Appeal reserved ruling on the destiny of the 27 members of the Home of Meeting which was pending earlier than it. Is the Federal Authorities conscious that the choice of the Appeal Courtroom won’t be within the legislators’ favour and to acted quick to save lots of Wike from shame?
Emmanuel Ogidi, Chairman, caretaker committee of the Peoples Democratic Party (PDP) for South-South, mentioned all through his speech, Tinubu blamed the Fubara for every thing however didn’t say something about Wike, whom he referred as “chief instigator” of the disaster in Rivers State.
Wike has held a number of televised press conferences the place he insulted all people, together with Ijaw leaders with out a phrase of warning from the president!
Tinubu’s preliminary plan was for the only real administrator to take orders from the Federal Government Council the place Wike is a member, earlier than the Nationwide Meeting amended it and introduced him below its management. What this meant and nonetheless the intention of the state of emergency, is hand Rivers State over to Wike. Inside the subsequent six months, Rivers State can be Wike’s fiefdom. Fubara’s construction can be dismantled and he could discover it tough to win reelection in 2027.
Ogidi aptly described what performed out because the 2027 agenda. Mentioned him, “They wish to seize the River State. For those who recall, the FCT minister had been saying he’s going to ship River State (to APC). And this one, he isn’t going to cease at River State. That’s the reason we’re telling our individuals to be very cautious. We’re going to inform our governors to observe it. His goal now’s the South-South. Let the entire world know that that is the 2027 agenda.”
PDP was answerable for six states within the area. Now Edo and Cross River, and by extension, Rivers, have gone to the APC. Even the approval of the state of emergency by the Nationwide Meeting negates the supply of the Structure. It was by way of voice vote, whereas the 1999 Structure (as amended), mentioned it shall be two-thirds of members.
Former presidential candidate of Labour Party Mr. Peter Obi, mentioned two-thirds can’t be decided by way of voice vote “however by calling people to reply ‘sure’ or ‘no.’”
Graveyard peace
The worry is that Tinubu and Wike could win the warfare however lose the peace. They’ve succeeded in imposing a state of emergency in Rivers State, sacked Fubara and brought over management of the state, are the individuals pleased? Apparently to forestall assault on state infrastructure and oil pipeline, Rivers State has been militarised, with battalions of troopers deployed within the state. That may be a signal that the state of emergency didn’t benefit from the help of the individuals of the state.
Senator Babafemi Ojudu was quoted to have expressed fears over the results of the declaration of state of emergency in a state like River, due to its financial implications. He puzzled why the president is “losing vitality escalating political battles in Rivers State (when) 1000’s of Nigerian troopers are nonetheless preventing for his or her lives – and for the nation’s survival – in opposition to insurgents, bandits, and kidnappers within the North East, North West, and North Central?”
Ojudu mentioned Nigeria can’t afford to be preventing on a number of fronts – politically, economically, and militarily, warned Tinubu “not open a brand new warfare entrance in Rivers State whereas actual wars are nonetheless raging elsewhere.
“The women and men of our armed forces are stretched skinny, battling terrorists and prison networks every day. They don’t want one more disaster to divert assets and a spotlight. This portends catastrophe – on your administration, for the financial system, and for the nation. A state of emergency will not be a technique – it’s an admission of failure. There are far more practical, far much less damaging methods to deal with this case.”
From all indications, observers consider that the President, on this occasion, has prioritised friendship over the destiny of the nation and good governance. It is because when the charade and bickering in Rivers State had been smoldering, even the blind knew they was foreboding as the hearth was stoked weekly within the media by the Wike.
Final week, Chief Bode George drew consideration to Wike’s outbursts, saying: “Wike talks as if he controls all people in Nigeria, together with Tinubu. I’ve by no means seen something like this in my life. He’s turning into a humiliation on this Rivers disaster. He additionally mentioned Governor Fubara was defrauded by some individuals who collected cash from him to bribe Supreme Courtroom judges. Haba! Do you will have proof?”
George has some posers for President Tinubu: “What recreation precisely is Asiwaju Bola Tinubu enjoying on this Rivers disaster? What precisely is happening? I’m elevating this alarm as a result of historical past has taught us that you just solely know the start of a disaster. You don’t know the place it is going to finish.”
However the President ignored calls on him to warning the Minister and his loyalists. By his present motion, the President, although had gotten approval of the Nationwide Meeting, has not been capable of persuade many knowledgeable Nigerians that his motion was justified. How far it will go stays to be seen.
Please comply with and like us:
