Tinubu’s Emergency Rule Violates Constitution, Suggests Undemocratic Move Of State Capture, Says PDP

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The party declared that the president lacks the constitutional authority to take such action.

The Peoples Democratic Party (PDP) has condemned the imposition of a state of emergency in Rivers State, describing it as an unconstitutional move by President Bola Tinubu to suspend the democratically elected governor of the state, Siminalayi Fubara. The party declared that the president lacks the constitutional authority to take such action.

In a statement issued by PDP spokesman, Debo Ologunagba, the party accused President Tinubu of violating the 1999 Constitution by declaring a state of emergency and appointing Vice Admiral Ibokette Ibas (rtd) as an unelected administrator to govern the state.The PDP labelled the move as an attack on Nigeria’s democracy and a blatant disregard for the democratic rights of the people of Rivers State.

“The unconstitutional declaration by President Tinubu of the suspension of the democratically elected Governor of Rivers State, Governor Siminalayi Fubara, and the appointment of an unelected individual to govern the state is a clear attack on our nation’s democracy,” Ologunagba said. “It is an abrogation of the votes and democratic rights of the people of Rivers State to choose their leader under the Constitution.

”The PDP further accused the president of attempting a “state capture,” alleging that the declaration of a state of emergency is part of a broader plot by the ruling All Progressives Congress (APC) to destabilise Rivers State and undermine democracy.

“The action of Mr. President clearly borders on an attempt at state capture,” the statement read. “It is the climax of a well-oiled plot to forcefully take over Rivers State, for which the APC has been bent on stoking crisis to ensure that democracy is ultimately truncated in the state.

”The party also raised concerns about the implications of the emergency rule, warning that it is part of a larger strategy to suppress opposition and impose a one-party state in Nigeria. “The unwarranted imposition of emergency rule in Rivers State is part of the larger vicious plot to foist a siege mentality across Nigeria, decimate opposition, impose a totalitarian one-party state, and turn the country into a fiefdom,” the PDP stated.

The PDP emphasised that President Tinubu’s actions contravene Section 305 of the 1999 Constitution, which outlines the procedure for declaring a state of emergency. According to the party, the president does not have the exclusive power to declare or execute a state of emergency without the approval of the National Assembly.

Quoting Section 305 (2) of the Constitution, Ologunagba said, “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 to consider the situation and decide whether or not to pass a resolution approving the proclamation.”The PDP called on the National Assembly to intervene and uphold the rule of law, urging lawmakers to reject the state of emergency declaration.

The party also appealed to the international community and civil society organisations to take note of what it described as a “dangerous precedent” being set by the Tinubu administration.

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