A constitutional lawyer, Roy Nweze (SAN) has backed the recent emergency rule declared by President Bola Tinubu in Rivers state.
Nweze said Tinubu’s decision was to restore normalcy in the oil- rich state, and also to protect lives and property of residents.
Tinubu had on Tuesday, declared a state of emergency which led to the suspension of Governor Siminialayi Fubara, the Deputy Governor, Prof. Ngozi Odu and the state House of Assembly lawmakers for six months.
Reacting to the development, Nweze lauded Tinubu, saying his quick intervention has saved destruction of valuable properties and waste of human lives in River State.
He however, dismissed those criticizing the action of the president, saying “I want to say that nobody is saying that the president does not have the power to declare a state of emergency in any state, if an extraordinary situation arises.
“What some people are saying is that, yes, the president has the power to declare a state of emergency, but in making such a declaration, he should not suspend the governor of the state.
“Nobody is doubting the fact that Section 305 of the 1999 constitution as amended gives the president the power to declare a state of emergency in any state and then to approach the National Assembly for ratification of the declaration if they see it fit.
“Now, those who are making categorical statements that the president cannot suspend or can suspend the state electees, of course they know within themselves that they cannot stand their feet, and say that they are too sure of what they are saying.
Nweze noted that the declaration of a state of emergency by the president pertains to the existence of an extraordinary situation, an abnormal situation which the declaration seeks to arrest in order to restore normalcy.
“Now, it may sometimes happen that the people who are causing this, the people who are responsible for the declaration of a state of emergency may be the people who are in office like the governor, the deputy governor, the House of Assembly members as is clearly the case in River State.
“So, now the question will be since a declaration of a state of emergency involves restriction of rights, if the governor, the deputy governor and the House of Assembly members are not suspended, how would is going to handle the security situation.
“Now, we are dealing with a state where the governor and the House of Assembly members have been having problems since 2023 or thereabout.
“Now, this problem culminated in the burning of the state House house of Assembly. Now, there is a video in circulation where the governor told the youths that when it would be needed for them to act, he would tell them.
Read also: Tinubu meets South-South Traditional Rulers over Rivers crisis
“Now, the question then is, whether the present acts of blowing up oil pipelines, gas pipelines, whether those youths have actually not been instructed,” he added..
Speaking on the constitutional rights of the President to declare a state of emergency in River State, Nweze said: “I am saying that there is no way the president will arrest the situation in River State without suspending the governor and the House of Assembly.
“I don’t believe in sentiments. The law has to be said the way it ought to be said, because in the interpretation of law, you must take so many things into consideration.
“As I said before, the declaration of a state of emergency means that there exists an abnormal set of affairs that will need to be dealt with in some extraordinary ways.
“The need for the application of those extraordinary ways to deal with the situation is what underlies the essence of the declaration of a state of emergency.”
