Tinubu’s State Of Emergency In Rivers Is Illegal – IPOB Lawyer

Counsel to the Indigenous Peoples of Biafra (IPOB), Ifeanyi Ejiofor, has condemned President Bola Tinubu’s state of emergency in Rivers.

Naija News reported that the Attorney-General of the Federation, Lateef Fagbemi, argued that the President’s action was within his power. He added that it was to save Governor Siminalayi Fubara from impeachment.

IPOB’s lawyer said the President has the power to declare a state of emergency only when the conditions for such are met.

He noted that the President’s action seemed to be a calculated attempt to appease a powerful political godfather.

“This action appears to be a calculated political manoeuvre designed to appease a powerful political godfather, rather than a genuine response to any constitutional crisis.

“For those well-versed in Nigeria’s constitutional framework, this development was a foreseeable outcome – an undemocratic last resort. A proper interpretation of Section 305 (3)(a-g) of the 1999 Constitution (as amended) clearly exposes the political motivation behind this decision. Rivers State does not meet any of the stipulated conditions required to justify such an extreme measure.

“The suspension of Governor Siminalayi Fubara, his Deputy, and the entire Rivers State House of Assembly is not only an outright attack on constitutional democracy but also a blatant deviation from the legal provisions governing emergency declarations. In simple terms, this is nothing short of a coup against democratic institutions.

“President Tinubu’s invocation of Section 305 was a fundamental error and an abuse of executive power.

“None of these conditions exist in Rivers State. There is no war, no large-scale unrest, and no imminent security threat warranting such drastic action. Therefore, the President’s decision is unconstitutional and an overreach of executive power,” he said.

Ejiofor called on the judiciary and the legislature to rise in defense of the nation’s democracy.

“It is now incumbent upon both the Legislature and the Judiciary to act decisively in defence of democracy.

“The National Assembly must reject this illegal declaration and reassert its constitutional authority. If it fails in its duty, the Judiciary – Nigeria’s last hope for justice – must step in to uphold the rule of law and safeguard the nation’s democratic integrity,” he stated.

Ejiofor further commended the Nigeria Bar Association (NBA) for taking a stand against Tinubu’s action in Rivers State.

“I commend the Nigerian Bar Association (NBA) under the leadership of Mazi Afam Osigwe, SAN, for its prompt intervention. This is a defining moment for Nigeria’s democracy. We must not allow constitutional violations to stand unchecked. The world is watching, and the credibility of our institutions is on the line,” he added.