Renowned lawyer Mike Ozekhome has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as unconstitutional and a dangerous precedent for democracy.
Senior Advocate of Nigeria (SAN) and constitutional lawyer, Mike Ozekhome, has condemned the recent declaration of a state of emergency in Rivers State, calling it a “civilian coup d’état.”
President Bola Tinubu, in a national broadcast on Tuesday, announced a six-month suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and the entire Rivers State House of Assembly.
Vice Admiral Ibok-ette Ibas (retd.) was appointed as the sole administrator to oversee the state’s affairs during this period.
However, in a statement on Thursday, Ozekhome argued that this move violates Nigeria’s 1999 Constitution (as amended). He asserted that the President does not have the power to remove elected officials under emergency rule.
Unconstitutional Power Play?
Ozekhome pointed to Section 305 of the Constitution, which grants the President authority to declare a state of emergency but does not permit the suspension or removal of a governor.
He also referenced Section 11(4), which prevents even the National Assembly from ousting a governor during emergency rule.
“This is not just an overreach—it is an outright abuse of power,” Ozekhome stated. “A state of emergency does not give the President the authority to dismantle elected structures and appoint a sole administrator to control state funds. That is unconstitutional.”
Political Control or Crisis Management?
The legal expert questioned whether Rivers State posed a real national security threat or if the emergency rule was a calculated political maneuver.
“If this was truly about law and order, why were elected officials suspended while an unelected individual was imposed? Is this about democracy or political control?” he asked.
He warned that this decision could set a dangerous precedent, where future presidents might remove governors they perceive as disloyal.
A Return to Military-Style Governance?
Ozekhome emphasized that Nigeria operates under a democratic system, not military rule.
“During military regimes, such actions were commonplace, but Nigeria is now governed by a constitutional democracy,” he said. “The Constitution only provides one legal method for removing a governor—impeachment under Section 188.”
He also criticized the President for announcing the state of emergency before securing National Assembly approval, calling it a “rubber-stamp approach to governance.”
What Next for Rivers State?
As debates rage over the constitutionality of the emergency rule, Ozekhome urged Nigerians to resist what he called an assault on democracy.
“The Constitution must remain sacrosanct. If this action is allowed to stand, democracy itself is at risk,” he warned.
Stay with NIGPOST for the latest updates on this developing story.
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