Veteran journalist and former presidential spokesman, Dr. Reuben Abati, has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it a direct violation of the Nigerian Constitution and an impeachable offense.
Speaking on Arise Television’s Morning Show on Wednesday, March 19, 2025, Abati argued that a sitting governor cannot be removed by mere presidential proclamation. His comments follow President Tinubu’s nationwide address on Tuesday night, where he declared a state of emergency in Rivers State and appointed Vice Admiral Ibokette Ibas (rtd.) as Sole Administrator, effectively dissolving the democratic government of Governor Siminalayi Fubara.
Violation of Section 305 of the Constitution
Abati pointed out that the President cited Section 305 of the Constitution to justify his actions, but in reality, his declaration failed to meet the constitutional requirements for a state of emergency.
“Section 305 outlines the conditions under which a state of emergency can be declared—imminent war, widespread unrest, or a complete breakdown of law and order. Rivers State does not meet these criteria. The Constitution also requires the President’s proclamation to be approved by the National Assembly, which has not happened yet. This alone raises serious constitutional concerns.”
Presidential Overreach: An Abuse of Power
The veteran journalist also criticized Tinubu for exceeding his constitutional authority by assuming legislative powers over Rivers State.
“The Federal Executive Council has no constitutional right to make laws for any state legislature. That power rests solely with the National Assembly in emergency situations. By giving his appointed administrator the authority to enact regulations, President Tinubu has unconstitutionally usurped powers belonging to both the state and federal legislatures.”
Abati stressed that such unilateral action is a direct affront to Nigeria’s democratic structure and the principle of separation of powers.
Grounds for Impeachment?
Dr. Abati did not mince words in declaring that the President’s actions amount to an impeachable offense under Nigerian law.
“President Tinubu has appropriated to himself the powers of the National Assembly and the state legislature. That is an impeachable offense. The question now is: does the National Assembly have the courage to uphold the Constitution and challenge this abuse of power?”
The Proper Process for Removing a Governor
According to Section 188 of the Nigerian Constitution, the removal of a governor can only occur through an impeachment process initiated by the State House of Assembly, followed by an independent panel’s investigation.
“A governor cannot be removed simply because the President decides so. The law requires a formal process—allegations of misconduct must be presented, a panel must investigate, and due process must be followed. President Tinubu’s approach disregards all of this.”
Call for Constitutional Adherence
Abati concluded by calling for those who advised the President to be held accountable, warning that such unconstitutional actions set a dangerous precedent for Nigeria’s democracy.
“Nigeria must be governed strictly by the provisions of the Constitution. There is no section that allows a President to singlehandedly remove elected officials. Those advising Mr. President must be called to order before this abuse of power escalates further.”
With these remarks, Dr. Abati has reignited debate over the legality of the President’s decision and the future implications for Nigeria’s democratic system. Whether the National Assembly will take action remains to be seen.
