South-South Governors Says Rivers Political Crisis Does Not Call for Executive Fiat

South-South Governors Forum has condemned the declaration of a State of Emergency in Rivers State, noting that while the President has the constitutional right to maintain law and order, the political situation in the State does not call for executive fiat.

In a statement signed by Sen. Douye Diri
Governor of Bayelsa State and Chairman, South-South Governors’ Forum on Friday, it said the 1999 Constitution outlined series of procedures before a State of Emergency can be declared on any State while emphasizing that those procedures were not taken in Rivers State.

It further noted that the political situation between House of Assembly lawmakers in the State and Governor Siminalayi Fubara can be resolved through legal and Constitutional means.

The 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.