CSO’s Condemn State of Emergency in Rivers State

March 21, 2025

For Immediate Release:

Citizens and Civil Society Organisations Condemn the Unconstitutional
State of Emergency in Rivers State

We unequivocally condemn President Bola Ahmed Tinubu’s declaration of a State of Emergency in Rivers State and the subsequent removal of the democratically elected Governor, Deputy Governor, and members of the State House of Assembly for six months, in the first instance, according to him. These actions constitute an executive coup against the people of Rivers State, a flagrant abuse of executive power, a violation of Nigeria’s constitutional order, and an undermining of democracy.

We agree that it is the prerogative of the President of Nigeria to declare a state of emergency and that the President can exercise that legal authority to make such a declaration under specific conditions as outlined in the Constitution. However, this power is not absolute; it is subject to legislative oversight and judicial review to prevent abuse. Contrary to the Constitution, we have witnessed abuse of power, disregard of due process, and the violation of democratic principles with the President’s imposition of a State of Emergency and appointment of an unconstitutional Administrator in Rivers state and the National Assembly’s complicity in ratifying unconstitutionality. This is clearly a travesty on the rule of law and contrary to the Constitution of the Federal Republic of Nigeria.

We have noted that there are several constitutional violations, which include but are not limited to:

1. Abuse of Presidential Prerogative (Section 305, 1999 Constitution)
   While the President has the legal authority to declare a state of emergency under Section 305 of the 1999 Constitution (as amended), this power is not a blank check for dictatorship. The sequence of events, including the pipeline explosions (which are now doubtful) and the impeachment proceedings against the Governor, makes the call for a State of Emergency suspicious.
2. Unconstitutional & Opaque Actions of the National Assembly
   Section 305(2) requires that any proclamation for a State of Emergency be submitted to the National Assembly for approval within two days (or ten days if the Assembly is not in session), without which the emergency ceases to have effect. The Constitution requires two-thirds of each chamber of the National Assembly to ratify the order. This means 73 out of 109 senators and 240 out of 360 members of the House of Representatives.Yesterday, the House of Representatives approved the State of Emergency by voice vote. While a member raised a point of order from the floor, he was silenced.In the Senate, they had a closed-door executive session. How can citizens ensure the provisions of the Constitution were followed?The Presidency made matters worse by applauding the clear desecration of the Nigerian Constitution.The Judiciary must immediately strike down this blatant violation of Nigeria’s constitutional democracy.
3. Illegitimate Removal of Elected Officials (Section 188 and Federalism Provisions)
   The Constitution does not support the unilateral dismissal of Rivers State’s elected leaders, which is an egregious violation of Nigeria’s federal structure. Section 188 sets out the due process for the removal of a governor, which requires due process, legislative inquiry, and judicial oversight. No such process occurred. Chapters VI and VII protect the autonomy of state governments within Nigeria’s federal structure.The President’s actions set a dangerous precedent. If left unchallenged, they would set the stage for the arbitrary dismissal of any elected state government at the President’s whim, rendering Nigeria’s democracy and people’s mandate meaningless.The President does not have the power to arbitrarily dismiss elected state officials. His actions are dictatorial and illegal and must be resisted by all Nigerians.

Our Demands

1. Immediate Reversal
   We demand an immediate reversal of the unconstitutional removal of the Governor, Deputy Governor, and House of Assembly members in Rivers State.
2. Legislative Oversight
   We call on members of the National Assembly who were not part of yesterday’s charade to speak up against the violation of the Constitution. We also call on Nigerians to make their displeasure known to their representatives.The National Assembly is the highest law-making body in the country, and they must not be allowed to get away with choosing which of Nigeria’s laws they want to obey.
3. Judiciary Operating on Merit
   There will be several lawsuits in the coming days, and we require the Judiciary to review each case on its merit and not rely on technicalities to dismiss the cases.
4. Restoration of Constitutional Order
   We urge all stakeholders — including the judiciary, civil society, and the international community — to closely monitor the situation in Rivers State and ensure that any emergency measures are strictly in line with constitutional and democratic principles.
5. Citizen’s Vigilance
   We urge Nigerians to leverage available channels to demand a reversal of the State of Emergency in Rivers State and push for a functional democracy. Nigerians must not stay silent. We urge citizens to write to their representatives, mobilize within their communities, and demand action through peaceful protests and other lawful means. History has shown that when unconstitutional acts like this go unchallenged, they become the norm. If Rivers is silenced today, no state is safe tomorrow.

Conclusion
We remain committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. We call on the Nigerian government to live up to its mandate according to the Nigerian constitution and not be a cog in the wheel that threatens the democratic rights of the people of Rivers State and all Nigerians.

We stand in solidarity with the people of Rivers state as they demand the restoration of constitutional order within the ambit of the Law. We stand united in defense of our constitutional order and democratic ideals. The removal of elected officials under the guise of emergency powers is unconstitutional and must be rejected in the strongest possible terms.

Signed:

#FixPolitics
Accountability Lab Nigeria
BudgIT Foundation
BO Foundation for Inclusive Media (BOFIM)
Campaign for a New Nigeria
Centre for Journalism Innovation and Development (CJID)
Digicivic Initiative
DOTakeAction.org
Ebenezer Care Missions
Enough is Enough (EiE) Nigeria
Feminist Womanifesto
FundELG Africa
Global Rights
Human Rights Journalists Network
Initiative for Research, Innovation and Advocacy in Development (IRIAD)
International Press Centre (IPC)
Lawyers Network Against Corruption (LAWNAC)
Lex Initiative for Rights, Advocacy and Development (LIRAD)
Mandate4.org
Media Rights Agenda (MRA)
Mothers United and Mobilized (MUMs)
Policy Alert
Progressive Abia Youths
Sesor Empowerment Foundation
TAF Africa
TEM Foundation
The Electoral Hub
The Rule of Law and Empowerment Initiative (Also known as Partners
West Africa-Nigeria)
Upline Centre for Development (UCD)
WARDC Africa
Women Information Network (WINET)
Yiaga Africa Initiative
and others