By Eseoghene Emuke
A respected human rights activist and legal expert, Pastor Tareri Avwomakpa Ph.D, has raised strong concerns over the recent actions taken by President Bola Tinubu following his declaration of a state of emergency in Rivers State.
While Dr. Avwomakpa acknowledged that the state of emergency declaration was within the President’s constitutional powers, he asserts that other actions taken, including the suspension of the Governor, Deputy Governor, and members of the Rivers State House of Assembly, are unconstitutional.
Avwomakpa, who is also President, Urhobo Christian Ministers’ Association Youth Wing, highlighted that President Tinubu’s declaration of a state of emergency in Rivers State aligns with Section 305 of the Nigerian Constitution, which grants the President the authority to take such action in cases of significant public safety threats or breakdown of law and order.
Specifically, Avwomakpa referenced Section 305(3)(d), which permits the President to declare a state of emergency when there is a “clear and present danger of an actual breakdown of public order and public safety.”
“Before the declaration, there was a clear and present danger of a breakdown of law and public order in Rivers State, especially following the Supreme Court’s judgment that paralysed the state’s economy,” Avwomakpa stated.
He affirmed that the President acted within his constitutional rights in declaring a state of emergency. However, he emphasized that while the declaration itself was lawful, other measures taken by the President went beyond what the Constitution permits.
Avwomakpa criticized the suspension of Governor Sim Fubara, his Deputy, and members of the Rivers State House of Assembly, stating that these actions are unlawful. “The Constitution does not empower the President to suspend or remove democratically elected officials or install any individual in their place during a state of emergency,” he argued.
According to Avwomakpa, the Nigerian Constitution under Section 11 grants the National Assembly—not the Federal Executive Council (FEC)—the authority to legislate for a state under a state of emergency. The FEC, which is influenced by Governor Wike, has no constitutional right to replace local governance.
Moreover, Avwomakpa contends that the judicial system is complicit in these actions. He pointed out that the Supreme Court’s ruling, which had a direct impact on the state’s finances, effectively put the Rivers State government in a standstill position, awaiting intervention from President Tinubu.
“The Supreme Court’s involvement in blocking funds to the state further escalates the situation, making it easier for political maneuvering to take place,” he noted. Avwomakpa argued that such decisions represent a form of judicial overreach, undermining the democratic process and fostering resentment against the judiciary.
Avwomakpa further praised the Nigerian Bar Association (NBA) for its firm stance on the matter, despite external pressures from the presidency. “This is the kind of NBA we need in Nigeria,” he remarked, applauding their resolve in ensuring that constitutional integrity is upheld.
Despite these concerns, Avwomakpa acknowledged that the President did act within his powers by declaring a state of emergency. However, he emphasized the need for Nigerians to approach the courts to challenge the actions taken by President Tinubu that exceed constitutional boundaries.
Avwomakpa called on the Nigerian legal community, especially the judiciary, to uphold justice and resist political manipulation. “Our courts must not become tools for the powerful to oppress the weak,” he stated, urging Nigerians to support actions that protect the Constitution and ensure the rule of law prevails in the country.
