Tinubu’s emergency rule will destabilise Rivers – PDP

…. Says 2027, major reason behind action

…Urges NASS to reject the declaration

The Peoples Democratic Party (PDP) has again condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, in strong terms, warning that the move could disrupt the peace previously enjoyed in the state.

Debo Ologuagba, the national publicity secretary of the party while addressing journalists in Abuja, insisted that Tinubu is plotting to undermine democracy in the South-South ahead of the 2027 elections.

Ologuagba who spoke after the party’s emergency meeting, said the party extensively considered critical issues relating to the attack on democracy by the All Progressives Congress (APC) in Nigeria.

The party said it critically assessed the suspension of the democratically elected Governor of Rivers, Siminalayi Fubara by President Tinubu in the unwarranted declaration of State of Emergency in Rivers State and they described as an ” illegal attempt by the APC-administration to revoke the National Secretariat of the PDP.”

“What President Tinubu is attempting to do is to suspend the 1999 Constitution, overturn a democratic government and foist an undemocratic regime in Nigeria in gross violation of Sections 1 (2), 14(2)(a), 180, 217(2)(b) (c) and 305 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)” Section 1 Sub-section 2 provides;

“The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution”.

Ologuagba said the Constitution does not empower the President to dismantle a tier of Government, or appoint a sole administrator to take office as State Governor or to override the duties of the State Assembly under any situation.

On Section 14 (2)(a) of the constitution, the party stated that “Sovereignly belongs to the people of Nigeria from whom government through this constitution derives all its powers and authority”

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“This Constitutional Sovereignty is exercisable by the people through their elected representatives including State governors and State legislators. The President therefore has no powers whatsoever to override this Sovereignty under any guise.

“Section 180 of the 1999 Constitution is clear on the tenure of a State Governor, which is prescribed as four years commencing from the date of the swearing in. the only means provided for in the constitution for the abridgment of the tenure of a governor is death, resignation, incapacitation or impeachment and not by suspension by the President.

“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”.

According to the party, ” President Tinubu violated the Constitution by ordering that the proclamation of State of Emergency in Rivers State should take immediate effect without the approval of the National Assembly which is a precondition for the commencement of a state of emergency.

On Section 217 (2)(c) which empowers the deployment of the of the armed forces to;

“Suppressing insurrection and acting in aid of civil authorities to restore Order when called upon to do so by the President but subject to such conditions as may be prescribed by an act of the National Assembly.

The party noted that President Tinubu violated Section 217 (2)(c) by seeking to dismantle instead of aiding the civil authority.

“Assuming without conceding that there was a breakdown of law and order in Rivers State, the President is only required under Section 217 (2)(c) to aid civil authorities to restore order; the civil authorities in Rivers State are the Governor, Deputy Governor and the State House of Assembly.

The party therefore concluded that ” President cannot under the Constitution attempt to dismantle the civil authority he is required to aid.

The PDP called on the National Assembly to invoke its legislative power with regard to this constitutional breach.

“Governor Fubara under the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) remains the elected Governor of Rivers State. The PDP urges the military and other agencies to be on the side of the law and restrict themselves to their constitutional role of defending democratic rule and the Constitution.

The PDP called on the people of Rivers state to remain calm and continue to stand with Governor Fubara

“President Tinubu should note that a President is expected to be the father of the nation. In a situation of crisis what we expect to find is a “Resolver” of problems not an “Exacerbator” of problem.

“Mr. President, your action now is beginning to hurt the people of Rivers State and the nation because at the time of the declaration of the state of emergency, River State was at peace. We don’t believe we can say so now with the declaration of Emergency.

Ologuagba emphasized that when the emergency was declared on Tuesday, Rivers State was not in a state of crisis.

“Mr. President, your action is now beginning to hurt the people of Rivers State and the nation. At the time of the declaration, Rivers State was at peace. We cannot say for sure now whether that peace will continue,” Ologunagba said.
“A President is expected to be a resolver of problems, not an exacerbator of them.”

The PDP said it outrightly rejected the suspension of Governor Siminalayi Fubara, describing it as unconstitutional and a blatant attempt to dismantle Nigeria’s democratic framework.

“The purported suspension of Governor Fubara cannot stand. It is unconstitutional, impracticable, invalid, and completely out of the question. No provision of the Constitution empowers the President to dismantle a sub-national government or suspend a democratically elected State Governor under any situation whatsoever,” Ologunagba asserted.