Section 305 of the 1999 Constitution as Amended outlines the procedure for the declaration of a state of emergency. This provision grants the President the authority to issue such a proclamation under specific circumstances and establishes the necessary processes to ensure checks and balances.
However some prominent individual have kicked against the declaration saying the intervention is too sudden and lack proper procedures.
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Former Vice President Atiku Abubakar has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers labeling it as politically motivated and detrimental to democracy. Atiku accused Tinubu of being a “vested partisan actor” in the state’s political turmoil and condemned the federal government’s intervention as an assault on democratic principles.
Atiku also highlighted the federal government’s responsibility for the security breaches leading to the destruction of national infrastructure in Rivers State, arguing that such failures reflect either government-enabled violence or an outright inability to prevent it.
However, some says their has not been a total breakdown of law and order beyond the control of the star governor alleging that the action is one sided.
The Nigerian Bar Association (NBA) has labeled the move as illegal, asserting that such a declaration does not grant the President the authority to dissolve or suspend elected state governments. NBA President Afam Osigwe emphasized that the action contradicts constitutional provisions.
Similarly, former presidential candidate Peter Obi condemned the declaration, describing it as reckless and unconstitutional. He argued that the situation in Rivers State did not warrant such an extreme measure and cautioned against biased interpretations of the constitution.
The New Nigeria Peoples Party (NNPP) also rejected the state of emergency, terming it unconstitutional, absurd, and dangerous. The party called for the immediate reinstatement of the suspended officials.
Furthermore, veteran journalist and former presidential spokesperson Reuben Abati criticized President Tinubu’s decision, suggesting that it constitutes an impeachable offense.
These criticisms highlight concerns about the constitutionality and potential overreach of the federal government’s intervention in Rivers State’s governance.