Rivers emergency rule: Presidency faults Jonathan, Soyinka for condemning Fubara, lawmakers’ suspension

Former President Goodluck Jonathan and Nobel Laureate Wole Soyinka have spoken against the suspension of elected officers in Rivers State.

While Jonathan described the development as capable of bringing Nigeria into disrepute, Soyinka said it was against the spirit of federalism.

President Tinubu had, on March 18, declared a state of emergency in Rivers, citing the breakdown of governance as a result of the war of attrition between Governor Siminalayi Fubara and the state lawmakers, as well as attacks on oil facilities in the state.

Tinubu also suspended Fubara; his deputy, Ngozi Odu, and members of the state House of Assembly.

He thereafter swore in a retired Chief of Naval Staff, Ibok-Ette Ibas, as the state’s sole administrator.

The president relied on Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to back his action.

Forty-eight hours after the declaration, the National Assembly approved the emergency rule in Rivers State, though some lawmakers expressed their opposition to it.

However, many stakeholders, including governors elected under the Peoples Democratic Party, the Nigerian Bar Association, the Nigeria Labour Congress, Senior Advocates of Nigeria, and civil society organisations, have spoken against the emergency rule.

Speaking at the Haske Satumari Foundation Colloquium in Abuja on Saturday, Jonathan condemned the suspension of democratic rule in Rivers State, saying he was disappointed that elected officials were removed.

“These actions by key actors in the executive and legislative arms of government paint the country in a negative light,” Jonathan, who was the chairman of the programme, said.

The former president maintained that the image and investment opportunities of the country heavily depended on the actions of the executive, legislature, and judiciary.

He blamed the three arms of government for their roles in the Rivers crisis, accusing them of engaging in abuse of power.

“The key actors in Nigeria from the executive to the legislature and the judiciary know the correct thing to do but they are refusing to do it; they are pretending to sleep, and waking such a person is extremely difficult because the person knows the right thing.

“A clear abuse of offices, clear abuse of power, clear abuse of privileges, cutting across the three arms of government — from the executive through the parliament and to the judiciary,” Jonathan said.

He noted that though it was not the norm for former presidents to comment on some issues so as not to heat up the polity, his comment was necessitated by persistent calls from many Nigerians for him to speak on the events in Rivers State as a prominent son of the Niger Delta.

The former president said it was difficult for anyone to have faith in the judiciary in a situation where an individual dictated what to do to the bench.

While presiding over the affairs of the country, Jonathan declared a state of emergency in three North-East states—Borno, Yobe, and Adamawa—in May 2013 due to the Boko Haram insurgency.

But democratic institutions in those states were not suspended.

On his part, Soyinka said the declaration was against the spirit of federalism.

The Nobel laureate, who spoke to an international news outlet, The Africa Report, maintained that the declaration of a state of emergency in the manner with which it was carried out betrayed federalism.

According to Soyinka, the 1999 constitution gives too much power to the president, saying there was the need for a national discussion on the matter.

He said, “If it is constitutionally right, then I think it is about time we sat down and amended the constitution to make sure that it operates as a genuine federal entity.

“The government is over-centralised. The debate will go on whether this (state of emergency) was, in the first place, a wise decision but in terms of fundamental principles, I believe that this is against the federal spirit of association.

“I find that the constitution has put too much power in the hands of the president. The system we are operating right now is not the best for a pluralistic society like ours. That is a fundamental principle I have always held.”

He stated that Nigeria must hold a national conference to change the country’s foundation, adding, “The federal spirit of association is a cardinal principle and, for that reason, some of us have called again and again for a national conference to really accord ourselves an authentic people’s constitution. Right now, in principle, this action is against the federal imperative.”

Reacting, the Senior Special Assistant to the President on Media and Publicity, Temitope Ajayi, said while Soyinka and Jonathan were respected statesmen, their opinions were personal.

He said, “Professor Wole Soyinka and former President Goodluck Jonathan are respected statesmen. Like many Nigerians that have offered varied opinions on the President’s declaration of a state of emergency in Rivers State, the two distinguished Nigerians have also offered their own opinions too.

“President Tinubu has a country to govern, and he has exercised his power under the 1999 Constitution as amended.

“President Tinubu has a duty to preserve the corporate existence of Nigeria. He won’t allow any part of the country or state to descend into chaos.

“The Supreme Court ruled that there is no functioning government in Rivers State known to the constitution of Nigeria. President Tinubu won’t fail in his sacred duty to protect and preserve the country.”

Yesufu, others demand reversal

The co-convener of the #BringBackOurGirls movement, Aisha Yesufu, and other prominent human rights activists also demanded the reversal of the emergency rule.

They called for the reinstatement of Fubara and Odu, describing the president’s action as illegal and a violation of the constitution.

Addressing a press conference in Abuja on Saturday, the prominent activists, under the aegis of the Citizens and Civil Society Organisations, condemned the approval of the emergency rule by the National Assembly, saying they failed the people.

Yesufu, who addressed the media, expressed regret, warning that if the majority of Nigerians allowed the President and the National Assembly to get away with the emergency rule, it would set a bad precedent.

She said, “I am sure every Nigerian feels sadness at what is happening currently in our country. The democracy that we have today—a lot of people died for it. It is only fair that we safeguard our democracy and ensure that the rule of law remains sacrosanct and that processes are followed in everything being done.

“We have to understand that if we do not fix this polity and say it’s none of our business, the things happening in Nigeria today will continue to happen, where a few citizens who are supposedly elected into office to serve the people begin to serve only their self-interest.

“Fellow citizens, we must understand that under a democracy, the constitution is sacrosanct, and it must be followed to the letter. This is not the democracy that a lot of people fought for, and some died for us to have. This constitutional rascality has to stop.”

The Executive Director of FixPolitics, Anthony Ubani, who also spoke on behalf of 300 other coalitions, condemned the state of emergency.

According to him, it was not the idea of democracy every true Nigerian had dreamt about.

Ubani also vowed that there would be a series of litigation against the president’s actions in the coming days.

“We demand an immediate reversal of the unconstitutional removal of the governor, deputy governor, and House of Assembly members in Rivers State. 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.

“We call on members of the National Assembly who were not part of Thursday’s charade to speak up against the violation of the constitution. 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.

“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. 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,” he stated.

Rights groups mobilise

A rights group, Take-It-Back Movement, said it planned to stage a nationwide protest on April 7 against the emergency rule in Rivers State.

The National Coordinator of the group, Sanyaolu Juwon, who disclosed this to Sunday PUNCH, accused Tinubu’s administration of steering Nigeria toward authoritarian rule.

He noted that the President’s action in Rivers State, including the suspension of elected officials, was laying the foundation for military dictatorship.

“Our organisation has been at the forefront of resisting all anti-people policies of Tinubu, and we will keep doing that. We are planning a nationwide protest for April 7, targeted directly against Tinubu’s misgovernance and the declaration of a state of emergency in Rivers State.

“We are going to use the protest to address the fact that Tinubu’s government is leading the country towards dictatorship, not just with the development in Rivers State and what he did in Lagos State, but how his regime has handled the entire country, silencing the voice of opposition,” he stated.

Similarly, the national spokesperson for the Youth Rights Campaign and representative of the #EndBadGovernance protest, Hassan Taiwo, strongly criticised Tinubu’s emergency rule, describing it as an attack on democracy.

Also, the Executive Director of the Civil Society Legislative Advocacy Centre, Auwal Musa, expressed concerns over the emergency rule, reaffirming the organisation’s commitment to defending the constitutional right to peaceful protest.

Also, the Democratic Socialist Movement, expressed support for a mass action against the emergency rule.

The National Secretary of the DSM, Peluola Adewale, called on the Nigeria Labour Congress and Trade Union Congress to lead the protest against ‘sabotaging democratic rights of the people of Rivers State.’

He said, “They should also mobilise for mass action to condemn the unconstitutional pronouncement by President Tinubu and the approval by the National Assembly.

“All civil society organisations should come together to organise action to defend democracy. Fubara was a product of the overbearing character of Nyesom Wike.

“One person can’t take away the rights of the people of Rivers State. This is like a coup on the people of the state. We condemn this. We support every action to defend democratic rights.”

Adewale also called on the Nigeria Labour Congress and Trade Union Congress to join in the mass action to protest against sabotaging democratic rights of the people.

He said, “All civil society organisations should come together to organise action to defend democracy. One person can’t take away the rights of the people of Rivers State. This is like a coup on the people of the state. We condemn this. We support every action to defend democratic rights.”