Human Rights Lawyer: Tinubu’s Emergency Declaration in Rivers Unconstitutional, Political
A Kano-based human rights lawyer, Abba Hikima, has condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, calling it unconstitutional and politically motivated.
In a statement on Tuesday, Hikima argued that there is no legal basis for suspending elected officials, including the governor, deputy governor, and state lawmakers, under Nigeria’s laws on the proclamation of a state of emergency.
He cited judicial precedents that prohibit such actions, asserting that the president is fully aware of these legal restrictions.
“There is nothing in Nigerian law or the practice of proclaiming a state of emergency that empowers the president to suspend a democratically elected governor, deputy governor, and the entire members of a state’s House of Assembly. There are several judicial precedents that outrightly prohibit such actions, and the president is not unaware of them,” Hikima stated.
He accused the authorities of deliberately violating the law to put their opponents at a disadvantage, forcing them into prolonged legal battles with uncertain outcomes.
“In Nigeria today, those in authority deliberately violate the law to place their weaker victims at a severe disadvantage, forcing them to navigate uncertain legal battles. After endless judicial gymnastics, if they are lucky, they may secure a judgment they may never be able to enforce,” he lamented.
Hikima argued that Rivers State does not meet the constitutional conditions for a state of emergency, pointing out that there has been no actual breakdown of law and order requiring extraordinary federal intervention.
He compared the situation to several northern states facing worse security crises, yet no emergency measures have been taken in those areas.
“There is no actual breakdown of law and public order requiring extraordinary federal intervention to justify the imposition of a state of emergency. In my view, several states in northern Nigeria currently experience even worse public security situations, yet the president has not seen a reason to declare a state of emergency there. This is not to say he should have, but rather that the case of Rivers State is unfair, unwarranted, and politically motivated,” he argued.
The lawyer also criticized the president’s decision to appoint a sole administrator in Rivers State, calling it a contradiction of democratic governance.
“The president, in his speech, acknowledged that no government can function without all its arms, yet he went on to appoint a sole administrator to serve as both lawmaker and executor. This is a clear contradiction. It is entirely inconsistent with the spirit of Nigeria’s legal and political system,” he said.
Hikima urged the National Assembly to reject the president’s move, warning that approving the emergency declaration would set a dangerous precedent.
“The National Assembly, being currently in session—though regrettably weak—is nonetheless called upon to resist approving this brazen constitutional overreach, which would set yet another bad precedent and further erode Nigeria’s fragile democracy. The NASS can, within 48 hours, spare Nigeria this embarrassment, as the state of emergency can only take effect after it is approved by both houses of the National Assembly with a two-thirds majority,” he said.
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