By Ovie Okpare
The South-South Governors’ Forum has asked President Bola Tinubu to rescind the declaration of state of emergency in Rivers State, noting that the current political situation in the oil-rich state does not meet constitutional requirements for such a decision.
The forum, which is the umbrella body for all governors of the region, faulted the suspension of Governor Similanayi Fubara and his deputy, and elected members of the Rivers State House of Assembly.
In a statement signed by the chairman of the forum and governor of Bayelsa State, Senator Douye Diri, on Thursday, the South-South governor described the declaration of state of emergency as unconstitutional and should be rescinded.
The forum noted that while Mr. President has the constitutional right to maintain law and order in the country, such right does not include in the suspension of two arms of governments in a democratic dispensation.
The governors also called on the political gladiators in the crisis to embrace peace and uphold the constitutional provisions in the resolution of the impasse in Rivers.
“To reduce tensions and establish a foundation for enduring peace, we propose the Rescission of the State of Emergency.
“In the meantime, we encourage all parties to remain calm, uphold peace and the constitution of the Federal Republic of Nigeria. The moment for dialogue is now”, the statement said.
They posited that the procedural guidelines for removing governors and their deputies were not fully adhered to in the Rivers case.
The statement read, “The South-South Governors’ Forum notes the six-month declaration of a state of emergency in Rivers State, a constituent part of our Forum, and the suspension of two democratic institutions.
“We recognise the President’s constitutional duty to maintain law and order throughout Nigeria, just as we are equally mandated to securing peace and stability in our states.
“However, the South-South Governors’ Forum expresses concern that the current political situation in Rivers State does not satisfy the criteria for declaring a state of emergency as outlined in Section 305(3) of the Nigerian Constitution (as amended). This section suggests that such a declaration should be considered under specific conditions like war, external aggression, imminent invasion, breakdown of public order, existential threats to Nigeria, natural disasters, or other significant public dangers.
“It is also worth noting that the Constitution outlines specific procedures for the removal of a governor and deputy governor, as detailed in Section 188, and similar provisions exist for the removal of members of the House of Assembly and the dissolution of parliament. In the current situation, it appears that these guidelines might not have been fully considered.
“We believe that the political disputes in Rivers State between the Governor and the House of Assembly should, ideally, be resolved through legal and constitutional means, rather than by executive fiat.”
