By Ikechukwu Nnochiri

ABUJA– Legal practitioners in the country have described as hasty, President Bola Tinubu’s declaration of a state of emergency in Rivers State after he slammed a six-month suspension on Governor Siminalaye Fubara.

Reacting to the development on Tuesday, lawyers who spoke to Vanguard, noted that though section 305 of the 1999 Constitution, as amended, empowered the President to make such declaration, they however argued that the constitutional provision was hastily activated.

According to a Senior Advocate of Nigeria, SAN, Mr. Mohammed Abeny, President Tinubu’s action may be unconstitutional.

Reacting to the development in Rivers State, the learned silk, said: “It is unconstitutional and ultra Vires the President.

“The Rivers State Governor was elected into office by the Rivers State people in accordance with the Constitution and can only be removed in accordance with the Constitution. This is my view on the matter for now pending further details.”

Equally reacting to the development, a former Chairman of the Governing Council of the National Human Rights Commission, NHRC, Prof. Chidi Odinkalu, decried that the country was “already maxed out on military deployment for internal security operations.”

He alleged that President Tinubu and the Minister of the Federal Capital Territory, Nyesom Wike “are clearly edging the NigerDelta to what will be an invented crisis of entirely their own making.”

Likewise, a human rights lawyer, Mr. Maxwell Asiegbu, urged the National Assembly to intervene in the matter.

He said: “The procedure to be followed for the declaration of a state of emergency is provided for in section 305 of the 1999 Constitution, as amended.

“It states that the President, subject to provisions of the Constitution, may by instrument published in the official Gazette of the Government of the Federation, issue a proclamation of a state of emergency in the Federation or any part thereof.

“It also mandated the president to immediately after the publication, transmit copies of the official Gazette of the Government of the federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives.

“The National Assembly would be expected to convene a meeting to consider the situation and decide whether or not to pass a resolution approving the proclamation by the President.

‘Recall that former President Goodluck Jonathan had in 2013, declared state of emergency in three northern states of Adamawa, Borno and Yobe. His action then was to curb the rising insecurity in the three states.

“Remarkably, former President Jonathan left the state functionaries in the affected states to remain in office.

“In the instant case, I will urge the National Assembly to look into this issue critically to ascertain if the situation in Rivers State has called for a state of emergency.

“It smacked of a premeditated plan to remove Governor Fubara from office. If not, how does one explain that pipelines were blown and within hours the governor was suspended and a state of emergency imposed?

“At what time did the President receive the security reports, digest same and arrive at the conclusion he reached?

“One would have expected that he would summon the Rivers State Governor to the Villa and afterwards, suspend him from office if his explanations were not satisfactory.

“This is indeed a delicate situation that requires President Tinubu to apply the wisdom of Solomon so as not to make a bad situation worse,” he added.