Another group of Rivers elites has demanded for the return of democracy by recalling Sim Fubara, the suspended governor of the state as well as his deputy, Ngozi Ordu, and other democratically elected institutions in the state.
The group including Donu Kogbara ( a renowned writer, Aleruchi Cookey-Gam, a lawyer and administrator, Ibim Semenitari, famed journalists and administrator, Lloyd F. Ukwu (NADECO USA/Project Coordinator).
Julie A Dyer (Coord/ Admin), and Ibiba Omotoso, write a public appeal calling on the return of the elected officers.
The appeal also went to the National Assembly and the international community, letting them know that the People of Rivers State and concerned citizens of Nigeria were writing to express their utmost outrage and condemnation of the presidential declaration of a state of emergency in Rivers State and the subsequent suspensions.
The letter made available to newsmen in Port Harcourt said the president’s action reflects a blatant disregard for the constitutional rights of the people of Rivers State and as well as a gross abuse and an ultra vires of executive power.
“We the People of Rivers State agree with fellow Nigerians including legal and political experts that your decision is not only dangerously unconstitutional, but also undermines the democratic principles that our nation was founded upon.
“The suspension of Gov Fubara and the imposition of a state of emergency are a clear attempt to subvert the will of the people, and consolidate power in the hands of the federal government.
“For clarity regarding your decision to declare a state of emergency and the subsequent removal of a duly elected governor, we should refer to Nigeria’s Constitution, which serves as the foundation of our legal system.”
The group said the 1999 Constitution of Nigeria permits the declaration of a state of emergency. “However, it specifies certain conditions that must be fulfilled for this to take place. Section 305(3) of the Constitution outlines these specific conditions, including: War or external aggression against Nigeria; imminent danger of invasion or war; a breakdown of public order and safety to such an extent that ordinary legal measures are insufficient; a clear danger to Nigeria’s existence; occurrence of any disaster or natural calamity affecting a state or a part of it; and such other public danger that constitutes a threat to the Federation.” The group said these conditions appear not to have been met or not to exist in this situation.
The statement said: “The conditions mentioned above were not fulfilled; therefore, the declaration of a state of emergency in Rivers State is illegal and unconstitutional. It represents a blatant disregard for the rule of law and the fundamental democratic principles that many hold you as a strong advocate of.
“Due to the failure to meet constitutional requirements, any attempts by certain individuals to fabricate or create these conditions constitute a criminal act and a severe obstruction of justice. In our view, this criminality should be treated as more serious than the underlying wrongful and false declaration of a state of emergency.
“We, the People of Rivers State, hereby demand a thorough investigation into who manufactured the nonexistent conditions that misled you into declaring a state of emergency, which has now plunged Rivers State into a state of political uncertainty.”
The statement said the group respectfully submits that the state of emergency was imposed using false and illegal justifications, including the alleged pipeline explosion. “Therefore, it should be lifted and the governor reinstated.
“The declaration could simply be translated as a reward for criminality because the perpetrators of the conditions upon which you based your decision seem to have achieved their ultimate goal.
“We would like to draw your attention to the fact that the Nigerian people have frequently referred to you as a champion of democracy, dating back to June 12, 1993. On that day, as you may recall, Generals Sani Abacha and Ibrahim Babangida colluded to annul the election won by Chief MKO Abiola, which was regarded as the freest and fairest in Nigeria’s history.
In 1999, the group added, “The people of Lagos State recognised your contributions to ushering in democracy by voting for you as Governor. However, the recent declaration of a state of emergency which was obviously arrived at under questionable circumstances, and your failure to adhere to the constitutional guidelines outlined in Section 305, contradict the principles of democracy.
“These actions suggest a willingness to undermine the very democratic values which you fought for.”
As it stands, the group stated, “Your actions are in direct conflict with those of a person touted to have fought for democratic principles. Therefore, we demand that you immediately rescind the declaration of emergency and restore Gov Fubara and his deputy to their rightful positions alongside all that constitutes of civil governance that have broken down in Rivers State as a consequence.”
The group urged President Tinubu to respect the quasi-autonomy of Rivers State and allow the democratic process to proceed without any interference from him or the Executive branch.
“Above all and most importantly, we are deeply concerned about the implications of your actions on the stability and security of Rivers State. The people of Rivers State have the right to self-determination and to choose their own leaders without external interference.
We urge you to respect the constitution and the rule of law, and to prioritise the welfare and well-being of the people of Rivers State.”
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