By Nwabueze Okonkwo

ONITSHA – Legal practitioner Sir Ifeanyi Ejiofor, KSC, has condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, calling it a violation of democratic principles that must be rejected by the National Assembly to restore constitutional order.

Ejiofor expressed concern over the escalating political struggle for control of Rivers State and its vast resources, stating that Tinubu’s proclamation marks a dangerous turning point.

According to Ejiofor, who is also a lead counsel for the Indigenous People of Biafra (IPOB), “While many Nigerians were shocked by this drastic move, it was predictable for those of us closely following the unfolding power dynamics.”

He described the declaration as a politically motivated maneuver rather than a legitimate response to a constitutional crisis.

“For those well-versed in Nigeria’s constitutional framework, this development was a foreseeable outcome—an undemocratic last resort. A proper interpretation of Section 305 (3)(a-g) of the 1999 Constitution (as amended) clearly exposes the political motivation behind this decision. Rivers State does not meet any of the stipulated conditions required to justify such an extreme measure,” Ejiofor asserted.

He argued that the suspension of Governor Siminalayi Fubara, his deputy, and the entire Rivers State House of Assembly constitutes an attack on constitutional democracy and a blatant deviation from legal provisions governing emergency declarations.

“This is nothing short of a coup against democratic institutions,” he declared.

Ejiofor further criticized the National Assembly for failing to check executive overreach, describing it as “the weakest and most compromised legislative body in Nigeria’s democratic history.”

He emphasized that President Tinubu’s invocation of Section 305 was a fundamental error and an abuse of executive power, as the Constitution outlines specific conditions for declaring a state of emergency, including: War or imminent danger of invasion. A breakdown of public order and safety requiring extraordinary measures. An imminent security threat or large-scale unrest.

Natural disasters or other public dangers threatening the Federation’s existence.

“None of these conditions exist in Rivers State. There is no war, no large-scale unrest, and no imminent security threat warranting such drastic action. The President’s decision is therefore unconstitutional and an overreach of executive power,” Ejiofor maintained.

He called on both the Legislature and Judiciary to act decisively in defense of democracy.

“The National Assembly must reject this illegal declaration and reassert its constitutional authority. If it fails in its duty, the Judiciary—Nigeria’s last hope for justice—must step in to uphold the rule of law and safeguard the nation’s democratic integrity.”

Ejiofor also commended the Nigerian Bar Association (NBA), under the leadership of Mazi Afam Osigwe, SAN, for its prompt intervention.

“This is a defining moment for Nigeria’s democracy. We must not allow constitutional violations to go unchecked. The world is watching, and the credibility of our institutions is on the line. Let wisdom, justice, and the rule of law prevail,” he concluded.