South-South Governors oppose Fubara’s suspension, call for reversal of Emergency Rule

The South-South Governors’ Forum has reacted to the six-month state of emergency declared in Rivers State and the suspension of key democratic institutions, urging President Bola Ahmed Tinubu to rescind the decision.

In a statement signed by its Chairman, Governor Douye Diri of Bayelsa State, the forum acknowledged the president’s duty to maintain law and order but expressed concerns that the current political situation in Rivers does not meet the constitutional conditions for such a drastic measure.

Citing Section 305(3) of the Nigerian Constitution, the governors emphasized that a state of emergency should only be declared under extreme conditions such as war, external aggression, imminent invasion, or a severe breakdown of public order. They argued that the political disagreements in Rivers State do not meet these criteria.

Furthermore, the forum pointed out that the Constitution provides clear procedures for the removal of a governor, deputy governor, and members of the House of Assembly, as outlined in Sections 188 and related provisions. The governors noted that these legal steps appeared to have been bypassed in the Rivers case.

They maintained that the dispute between Governor Siminalayi Fubara and the House of Assembly should be settled through legal and constitutional means, rather than through executive action.

As a way forward, the South-South Governors’ Forum called for an immediate reversal of the state of emergency and urged all parties involved to remain calm while seeking a peaceful resolution.

“The moment for dialogue is now,” the statement concluded.

Thier full statement reads;

STATEMENT BY THE SOUTH-SOUTH GOVERNORS’ FORUM ON THE DECLARATION OF A STATE OF EMERGENCY IN RIVERS STATE

1. The South-South Governors’ Forum notes the six-month declaration of a state of emergency in Rivers State, a constituent part of our Forum, and the suspension of two democratic institutions.

2. We recognise the President’s constitutional duty to maintain law and order throughout Nigeria, just as we are equally mandated to securing peace and stability in our states.

3. However, the South-South Governors’ Forum expresses concern that the current political situation in Rivers State does not satisfy the criteria for declaring a state of emergency as outlined in Section 305(3) of the Nigerian Constitution (as amended). This section suggests that such a declaration should be considered under specific conditions like war, external aggression, imminent invasion, breakdown of public order, existential threats to Nigeria, natural disasters, or other significant public dangers.

4. It is also worth noting that the Constitution outlines specific procedures for the removal of a governor and deputy governor, as detailed in Section 188, and similar provisions exist for the removal of members of the House of Assembly and the dissolution of parliament. In the current situation, it appears that these guidelines might not have been fully considered.

5. We believe that the political disputes in Rivers State between the Governor and the House of Assembly should, ideally, be resolved through legal and constitutional means, rather than by executive fiat.

A PATH FORWARD

6. To reduce tensions and establish a foundation for enduring peace, we propose the Rescission of the State of Emergency.

7. In the meantime, we encourage all parties to remain calm, uphold peace and the constitution of the Federal Republic of NNigeria.

8.The moment for dialogue is now.

Signed:

His Excellency Sen. Douye Diri
Governor, Bayelsa State and Chairman, South-South Governors’ Forum