Issued: 20 March 2025

Policy and Legal Advocacy Centre (PLAC) is deeply troubled and disheartened by the action of the National Assembly in approving President Bola Ahmed Tinubu’s proclamation of a State of Emergency in Rivers State and doing so via voice vote. This decision marks a grave failure on the part of the legislature.

The primary responsibility of the National Assembly is to serve as a check on executive power, ensuring that all actions taken by the President and the executive are within the bounds of the Constitution. In approving this State of Emergency, the National Assembly has neglected its constitutional duty, allowing the executive to bypass democratic processes.

The decision to declare a State of Emergency is not a matter to be taken lightly and should be exercised only under the most exceptional circumstances. However, there is no evidence to suggest that the situation in Rivers State warrants such an extreme measure or that the threshold for making such proclamation, as indicated in section 305 of the 1999 Constitution, has been met.

Instead of safeguarding democracy and the rule of law, the National Assembly has chosen to passively endorse an unconstitutional overreach of executive power, thereby weakening the checks and balances that are essential to our democratic system. The decision to do this via voice vote, when section 305 (6)(b) of the Constitution clearly requires that the proclamation of a State of Emergency by the President must be supported by two-thirds majority of all the members of each House of the National Assembly, is a travesty and flies in the face of constitutionality, legality and good reasoning.

At a time when the National Assembly has come under intense negative media and public scrutiny and stakeholders engaging the legislative institution are working hard to promote positive engagements between its members and citizens, the action taken today will further undermine the trust citizens have in the institution and its ability to stand for what is right. It also sets a dangerous precedent for the future and will have lasting implications on how governance is perceived and practiced in our country.

We urge President Bola Ahmed Tinubu and the members of the National Assembly to reconsider their action and find peaceful, democratic solutions to the challenges facing Rivers State.

We call on all well-meaning Nigerians to stand united in the defense of democracy and in solidarity with the people of Rivers State. The strength of our democracy lies in the integrity of our institutions, and it is imperative that we work together to protect and preserve them for future generations.

Signed:

Clement Nwankwo
Executive Director