Rivers Crisis: Tinubu Has Committed an Impeachable Offence — Reuben Abati
Reuben Abati Says Tinubu’s Emergency Declaration in Rivers is Unconstitutional
Veteran journalist and former presidential media adviser, Dr. Reuben Abati, has accused President Bola Tinubu of committing an impeachable offence by unilaterally declaring a state of emergency in Rivers State and assuming legislative powers.
Tinubu’s Move Violates the Nigerian Constitution
Speaking on The Morning Show on Arise Television, Abati strongly criticized Tinubu’s decision, arguing that it contravenes Section 305 of the Nigerian Constitution, which provides guidelines for declaring a state of emergency.
“A governor cannot be removed from office by the proclamation of the President of Nigeria,” Abati stated, stressing that Tinubu lacks the constitutional authority to dissolve the Rivers State legislature or appoint an administrator with regulatory powers.
His remarks followed Tinubu’s Tuesday night broadcast, where the president accused Governor Siminalayi Fubara of demolishing the State House of Assembly and announced the emergency rule, effective from March 18.
However, Abati insisted that Tinubu had overstepped his constitutional powers.
Section 305 and the Legal Implications
Abati pointed out that Section 305 of the 1999 Constitution stipulates that a state of emergency can only be declared under extreme circumstances such as war, insurrection, or a breakdown of public order—conditions which, he argued, do not apply to Rivers State.
Furthermore, he accused Tinubu of usurping the powers of the National Assembly, stating that only lawmakers can legislate for a state under emergency rule, not the President or the Federal Executive Council.
“President Tinubu has appropriated unto himself the powers to make laws for the Rivers State House of Assembly. That’s an impeachable offence,” he declared.
Can Tinubu Remove a Governor?
Abati also referenced Section 188 of the Nigerian Constitution, which outlines the legal process for removing a governor. He emphasized that a governor can only be impeached through the state legislature and a judicial panel, not by presidential proclamation.
“There is no provision in the 1999 Constitution that says the President of Nigeria can unilaterally remove a governor, remove the deputy governor, or dissolve the legislature,” Abati said.
He called on the National Assembly to either reject Tinubu’s proclamation or initiate impeachment proceedings against the president for violating the Constitution.
“The people who advised the president must be called to order,” he concluded.
