State of Emergency in Rivers: Uphold the Constitution, Invalidate Proclamation – CSO Coalition Tells Judiciary 

A coalition of Civil Society Organizations (CSOs) in Nigeria, particularly from the South-South region has called on the judiciary to uphold the Constitution of the country and invalidate the proclamation of State of Emergency in Rivers State describing it as unconstitutional.

The Coalition made the call on Friday in a joint statement signed the Community Conciliation and Development Initiative – Rivers State,  Guild of Community Development Advocates in Akwa Ibom State (AKS CSOs Forum), Bayelsa NGOs Forum (BANGOF) – Bayelsa State, Peace and Community Empowerment Initiative – Delta State, Conference Of Non-Governmental Organization (CONGOs) – Edo State, Biakwan Light Green Initiative (BLGI) – Cross River State and 10 others.

The Coalition noted that the Nigerian Constitution does not empower the President to remove an elected governor or dissolve a state legislature under any circumstances. They said this precedent which they described as dangerous, if allowed to stand, will erode the foundations of democracy and embolden future unconstitutional takeovers in other States.

They demanded the immediate reversal of the state of emergency and the reinstatement of Governor Sim Fubara and the Rivers State House of Assembly.

While describing the recent endorsement of the proclamation by the National Assembly as unlawful, they demanded the National Assembly rescind the

endorsement and reaffirm its commitment to upholding constitutional democracy.

The Coalition called on Nigerians, pro-democracy advocates, and the international community to speak out against the proclamation and stand in defense of democratic governance in Nigeria describing the proclamation as abuse of power.

They insisted that the principles of democracy and constitutionalism must be upheld, adding that any deviation from the rule of law erodes public trust in governance and weakens institutions.

Part of the statement reads ” The President’s invocation of Section 305 of the Nigerian Constitution is not only flawed but also an egregious abuse of executive power. Section 305 clearly outlines the conditions under which a state of emergency can be declared, requiring clear threats to national security, public safety, or the existence of the state. None of these conditions were met in Rivers State to warrant this extreme measure.

“Rather than seeking a democratic resolution to the political crisis in Rivers State, the Federal Government has chosen a path of authoritarian overreach. We further decry the National Assembly’s complicity in rubber-stamping this unconstitutional act. The process through which the Senate ratified the proclamation via a voice vote, while the House of Representatives denied a head count to confirm a quorum, is a blatant violation of the constitutional requirement that two-thirds of both houses must approve such a declaration.

“This act of legislative subversion reflects a troubling disregard for democratic principles and the separation of powers. We, therefore, stand firm in rejecting this travesty and will continue to resist any attempt to undermine Nigeria’s democratic order”.

Other organizations that signed the statement include Steps to Sustainable Transformation and Empowerment Foundation (STEPS) – Akwa Ibom,  Policy Alert – Akwa Ibom State, Psychomodeling Health and Wellness Initiative (PHAWI) – Akwa Ibom State,Global Care Rescue Mission (GCRM) – Bayelsa, Neferok Development Initiative – Delta State, Victoria Jarikre Foundation – Delta State, The Joint National Association of Persons with Disabilities (JONAPWD), Edo State Chapter – Edo State Take A Cue Development Initiative (TACDI) – Edo State, Peculiar Women of Destiny International – Edo State,  and Jayjay Initiative for Empowerment and Development (JIED) – Edo State.