HURIWA condemns state of emergency in Rivers, calls at a ‘Coup Against Democracy’

The Human Rights Writers Association of Nigeria (HURIWA) has strongly condemned the declaration of a state of emergency in Rivers State, calling it an unconstitutional power grab by the federal government.

The group likened the move to military takeovers in neighbouring West African countries such as Niger, Mali, and Burkina Faso.

In a statement signed by its National Coordinator, Emmanuel Onwubiko, HURIWA described the appointment of a retired naval officer as the state’s military administrator as an outright violation of the Constitution.

The group accused President Bola Tinubu of undermining democracy by usurping the powers of the elected governor, Siminalayi Fubara, and the state legislature.

“HURIWA absolutely rejects this unconstitutional exercise of power. The president was elected just like the governors and state legislators, and he has no authority to suspend them. This is a calculated attempt to establish a dictatorship under a civilian government”, the statement read.

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The rights group also questioned the impartiality of the judiciary, arguing that key court rulings have been influenced by the presidency and certain ministers.

It expressed skepticism that an independent judgment would be made on the legality of the state of emergency.

HURIWA pointed out what it described as “hypocrisy” in Tinubu’s decision, recalling that in 2013, then-President Goodluck Jonathan declared a state of emergency in Adamawa, Borno, and Yobe States without removing elected governors.

At the time, Tinubu, who was in the opposition, vehemently opposed any attempt to suspend democratic structures in those states.

The organisation emphasized that Nigeria operates a federal system, meaning state governments do not answer to the federal government.

It also called on the National Assembly to reject what it described as an illegal takeover of Rivers State’s executive branch.

HURIWA warned that the president’s actions set a dangerous precedent, as there was no evidence of a complete breakdown of law and order in Rivers State that would justify an emergency declaration.

Instead, the group argued, the political crisis was fueled by internal conflicts, particularly the alleged role of Federal Capital Territory (FCT) Minister Nyesom Wike in influencing the state legislature against Governor Fubara.

“The National Assembly has the power to intervene in a crisis within a state assembly. However, allowing the Federal Executive Council to hijack the process—especially when one of its members is a key actor in the crisis—is a coup against democracy”, HURIWA stated.

The association insisted that if Tinubu were eager to suspend a public official, he should have focused on those allegedly responsible for the crisis, rather than targeting an elected governor.

Citing multiple sections of the 1999 Constitution (as amended), HURIWA argued that Tinubu’s actions were illegal. It referenced past Supreme Court rulings, including A.G. Federation v. A.G. Lagos State (2013) and A.G. Plateau State v. A.G. Federation (2006), which affirmed that a state of emergency does not grant the president the power to remove elected officials.

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The group stressed that Section 188 of the Constitution outlines the only legal process for removing a governor is impeachment by the state assembly.

Additionally, Section 308 provides governors with immunity from legal action while in office, making any purported suspension a nullity.

HURIWA urged Nigerians and democratic institutions to reject what it described as an unconstitutional attempt to override the will of the people.

The group called for immediate legal action to reverse the president’s decision and restore Rivers State’s democratic structures.

“This entire declaration is an unmitigated charade. It should be voided immediately to prevent further erosion of Nigeria’s democratic values”, Onwubiko noted.