We strongly believe that the declaration of a state of emergency in a state should not involve the removal of democratically-elected structures. Under the 1999 Constitution, no part of the country is to be governed except as prescribed by the Constitution.

Section 305 which empowers the President to declare emergency has no provision for the removal or “suspension” of a Governor or Members of the House of Assembly. All presidents, except Umaru Yar’Adua, declared emergencies.

President Olusegun Obasanjo imposed “emergency rules” in Plateau (2004) and Ekiti (2006). He adopted the controversial military style of “suspending” the Governors, which President Bola Tinubu, a former pro-democracy activist, has copied in declaring emergency in Rivers State. Ironically, his immediate predecessor and military dictator, Muhammadu Buhari, only declared emergency in Ogun and Lagos as a necessary response to combat the worldwide COVID-19 pandemic. He never touched democratic structures.

Former President Goodluck Jonathan also declared state of emergency in Borno, Yobe and Adamawa states in 2013 to enable the military tackle Boko Haram insurgency. He did not tamper with the democratic structures. These are the two well-laid precedents to tackle emergency. Since Tinubu chose to use the highly objectionable military approach, he and the Sole Administrator must remain sensitive to the fact that the emergency period is sitting on the constitutional mandate of the people.

The main reason for the enactment of Section 305 is to enable the President use extraordinary measures to tackle insecurity or threat of such. The Sole Administrator must focus strictly on his primary mandate of coordinating the restoration and maintenance of security while his borrowed time lasts. He is also to ensure the smooth running of government machinery. It is not meant for the Administrator and his appointor to go on self-serving political adventures.

Sole Administrator of Rivers State, retired Vice Admiral Ibok Ete Ekwe Ibas, clearly has been acting like an elected Governor settling down for a four-year term of office. He had no business sacking elected local government officials and appointing administrators, but so he did. He went on to dissolve the Rivers State Independent Electoral Commission, RSIEC, and appointed their replacements. This is the Governor’s constitutional prerogative.

The worst of it was that the RSIEC Chairman-designate, Michael Odey, is from Ibas’ Cross River State. Usually, members of the State Independent Electoral Commissions, SIECs, are indigenes or residents of the state. Appointment of Odey is a throwback to military approach. Ibas has gone more than halfway of his stay in office. Tinubu should return the elected Governor and Assemblymen to serve out the people’s mandate. We say no to military rule.