EXCLUSIVE: Emergency rule: NASS may propose three months, collects signatures to back Tinubu

Emergency rule: NASS may propose three months, collects signatures to back Tinubu

By Emeka Alex Duru

The National Assembly (NASS) is collecting signatures of members to support the state of emergency declared in Rivers state by President Bola Tinubu on Tuesday. The support may however be accompanied with a proposal of three months for the measure instead of the six months slammed on the elected officials of the state – Governor Siminalayi Fubara and members of the House of Assembly by the President.

A highly dependable source in the National Assembly who made the disclosure to TheNiche, indicated that those pushing for the reduction of the emergency rule to three months are asking to be allowed to use the period to make peace among the contending forces in the state.

“They want to be seen to have done the needful – a little to the left and a little to the right; Just not to be seen as going against the president but also not totally to be seen as not asserting their independence”, he said.

According to the source, the need to get the buy-in of NASS members for the emergency, accounted for both the Senate and House of Representatives, not taking precise action on the matter on Wednesday. The Senate had on Wednesday deferred a motion to approve the proclamation of the emergency rule in Rivers State till the next legislative date.

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The Red Chamber had earlier has stepped down the motion which was its first order of the day until 3pm, without providing much explanation for the delay.

The motion, sponsored by Senate Leader, Opeyemi Bamidele, was expected to be debated and voted on during the morning session. However, lawmakers unexpectedly deferred discussions. The House of Representatives had on their own, ended plenary without any mention of the state of emergency in Rivers. A gazette of the action is supposed to be transmitted to the National Assembly for its approval for the measure to have legitimacy.

President Bola Tinubu had declared a state of emergency in Rivers State on Tuesday, citing the prolonged political crisis and governance paralysis. He also suspended the governor, his deputy and the members of the State House of Assembly for six months.

In a nationwide emergency broadcast, Tinubu expressed deep concern over the situation. He said: “I feel greatly disturbed by the political crisis in Rivers. The state has been at a standstill, and the people have been deprived of good governance.

“No responsible President will stand by without taking action. To restore good governance and peace in this circumstance, it has become imperative to declare a state of emergency. By this declaration, Governor Fubara is hereby suspended”. He appointed Vice Admiral Ibok-Ete Ibas (rtd) as Administrator to take charge of the affairs of the state while the emergency lasts.

There have been reactions on the emergency rule declared by the President. The Nigerian Bar Association (NBA) has condemned the suspension of the governor and other elected officials of the state by the President, describing it as unconstitutional and an assault on democracy.

According to the NBA President Afam Osigwe, the move violates Section 305 of the Nigerian constitution, which outlines strict conditions for emergency rule. Section 305, he said, grants the president the power to declare a state of emergency but with procedural safeguards to prevent abuses. “The 1999 Constitution does not grant the president the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure”, he said.

Former Vice President and 2023 Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar described the measure as “political manipulation and outright bad faith”, accusing Tinubu of being a “vested partisan actor” in the political turmoil in the state. Labour Party (LP) flag bearer in 2023, Peter Obi, also lashed out that “The declaration of a state of emergency in Rivers State is not just reckless—it is a clear attempt to return us to a state of nature and tighten its grip on power at all costs”.

South-South Governors’ Forum headed by Bayelsa State Governor Douye Diri has also called for the rescission of the state of emergency declared in Rivers. In a statement on Thursday, the South-South Governors’ Forum, of which Rivers State is a member, said it believed the political impasse in Rivers did not meet the criteria for declaring a state of emergency as outlined in the constitution.