By Emmanuel Oloniruha
The Abuja School of Social and Political Thought has advised the National Assembly to exercise its legislative power to restore democratically elected authorities in Rivers.
The Executive Director of the school, Dr Sam Amadi, gave the advice at a news conference on Wednesday in Abuja.
President Bola Tinubu on Tuesday in a National Broadcast suspended the Rivers State Governor, Siminalayi Fubara, his deputy Ngozi Oduand and all elected lawmakers for six months.
Amadi said that while the school stood with Mr President in condemning this crisis and conflict, it considered the suspension of democratically constituted authorities in the state as unconstitutional.
He said since the 2023 Governorship Election in Rivers, there had been crisis between the executive and the legislature arms of government in the state.
He said the crisis had constituted distraction to good governance in the state,
He said the constitution empowered Mr President to declare a state of emergency in very limited circumstances because of the conditions attached
He said that Mr President could declare a state of emergency when the governor and the House of Assembly, by a resolution, invites him to do so.
Amadi, however said that nowhere in session 305 in the constitution portrayed that a state of emergency declaration goes with a dissolution of democratic structure.
‘ Section 305, sub four clearly stated that in a state of emergency, the governor and the house would remain,” he said.
He recalled that in 2011 when former President Goodluck Jonathan declared a state of emergency in three states because of insecurity, no local government chairman was removed in the affected local governments.
He added that the Supreme Court had recently reinforced that no arm of government can abrogate or dissolve an arm of government at any level of government in democratic governance.
Amadi said while the Supreme Court stated that state governors could not impose sole administrators on local government, the federal government could not also impose sole administrators on states.
Amadi said the president and the National Assembly were expected to work in harmony, the lawmakers had the responsibility to disapprove any action of the executive that contravened the provisions of the constitution.
“If the National Assembly does not disapprove this declaration, we call upon individuals to to go to the court to challenge Mr. President’s alleged wrongful exercise of power.
He noted that the issue was not about Fubara but defending of Nigeria’s democracy.
Amadi said that whereas an elected governor could be removed through impeachment for misconduct, there’s no other way to remove the governor.
“Again, all actions required, even in times of war, the constitution anticipates, even in times of war, the president will still leave the governorship, the democratic structure, and invoke war powers to address.
“That’s why he’s a commandant-in-chief.
“For example, Mr. President can impose a curfew, he can also restrict movement into oil facilities,” he said.
He stressed there are many things that the president has the power to do if there is actual breaking down of law and order.
He advised there was need to avoid any form of anarchy as the nation moved towards 2027 general elections.(NAN)