The former Presidential aspirant and Senatorial candidate Engr Godswill Nwankwo, has condemned in strong terms President Bola Ahmed Tinubu’s declaration of state of emergency in Rivers State, describing it as illegal and as the road to perdition.
Engr Godswill, a US based oil and gas expert, stated this on Wednesday 19th March 2025 in a telephone interview while addressing the News men on the state of the nation in Nigeria.
According to Engr Godswill, “President Bola Ahmed Tinubu’s decision to impose a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly, is not only a blatant violation of the Nigerian Constitution but also constitutes an impeachable offense.”
The former Presidential aspirant says that the president’s action examines the constitutional breaches inherent and makes the case an illegality.
Engr Godswill also cited various constitutional provisions as follows: “1. Violation of Section 305 – Unlawful Declaration of State of Emergency. The President’s power to declare a state of emergency is clearly outlined in Section 305 of the 1999 Constitution as amended.
According to subsection (3), the President may only declare a state of emergency under specific circumstances, such as war, imminent invasion, actual or imminent breakdown of public order, natural disasters, or public danger that threatens the Federation’s existence.
“There is no evidence to suggest that the explosion at the Trans-Niger pipeline constitutes a public danger of the magnitude required under Section 305(3)(e) or (f).More importantly, Section 305(4) requires that if an emergency is to be declared in a state, the Governor must request it, with the sanction of a two-thirds majority of the State House of Assembly” Engr Godswill stated adding that There is no record that Governor Fubara or the Rivers State House of Assembly made such a request.
“Section 305(5) further prohibits the President from imposing a state of emergency unless the Governor has failed to make such a request within a reasonable time, which is not the case here.”
According to Godswill, by unilaterally imposing a state of emergency without following constitutional procedures, “President Tinubu has exceeded his executive powers and acted in defiance of the rule of law.”
On the issue of unlawful removal of a democratically elected Governors and Deputies, Engr Godswill cited the following constitutional provisions
“Violation of Section 188 – Unlawful Removal of a Governor. The Nigerian Constitution clearly defines the process for the removal of a sitting Governor or Deputy Governor in Section 188”
Godswill Nwankwo therefore took time to reel out the Constitutional provisions for the removal of an elected Governors and Deputies
“The procedure requires: A written notice of allegations, signed by at least one-third of the members of the State House of Assembly, to be submitted to the Speaker. A resolution supported by a two-thirds majority of the House of Assembly. The establishment of a seven-member investigative panel by the Chief Judge of the state. The right of the Governor to defend himself before the panel. A final resolution by the House of Assembly, supported by a two-thirds majority, to remove the Governor if the allegations are proven.”
He added that President Tinubu’s unilateral suspension of Governor Fubara, his deputy, and the entire State House of Assembly is unconstitutional because: There was no legislative process initiated by the Rivers State House of Assembly. No impeachment motion was passed or investigated by a legally constituted panel.
He argued where President Tinubu got such powers to remove an elected Governors and Deputies. “The President does not possess the constitutional authority to remove or suspend an elected Governor”
According to Godswill, “by bypassing constitutional procedures, President Tinubu has usurped the legislative and judicial powers reserved for the State Assembly and the Judiciary, thereby violating the principle of separation of powers.”
The former Presidential aspirant describes Mr. Presidents action as an abuse of executive powers and an impeachable offence.
“President Tinubu’s actions amount to a grave abuse of executive power and an assault on Nigeria’s democratic institutions. Under the doctrine of constitutional supremacy, the President is not above the law and must exercise his powers within the confines of the Constitution,” Godswill stated.
According to Godswill on Unlawful suspension of an elected Governor, “The Nigerian Constitution does not grant the President the authority to unilaterally suspend a Governor or the State House of Assembly. Such actions amount to an executive coup against a democratically elected government.”
On the issue of violation of true federalism, he stated that, Nigeria operates a federal system, and states have their own legislative and executive organs. The President’s actions undermine the autonomy of state governments and set a dangerous precedent for executive overreach.
Engr Godswill stated that the president’s action amounts to Suppression of democratic governance. “By suspending the entire legislative arm of Rivers State, President Tinubu has effectively nullified the will of the people who elected these representatives, eroding the fundamental principles of democracy”
According to him, these unconstitutional actions constitute “gross misconduct” as defined by Section 143(11) of the Constitution, which includes grave violations of the Constitution and acts that threaten democratic governance.
Godswill assert that gross misconduct is a basis for the impeachment of a sitting President.
Nwankwo reels out the political Motives and Economic Implications. According to him, “beyond the legal violations, the timing of the state of emergency raises concerns about economic sabotage”
On the issue of the explosion in Rivers State, Godswill says that, “the explosion at the Trans-Niger Pipeline has directly impacted Dangote Refinery’s access to domestic crude oil, disrupting its ability to continue offering lower fuel prices. Dangote’s aggressive market entry had begun undercutting competitors like Oando PLC, whose alleged involvement in questionable fuel import practices of dirty fuel had come under scrutiny. This suggests that entities with vested interests in halting Dangote’s price advantage may be benefiting from the explosion to force the refinery into importing crude at a higher cost, thereby crippling its ability to maintain lower domestic prices”
The Call for Investigation and Accountability given the high stakes involved, a full-scale independent investigation must be launched to determine Whether the explosion was an act of sabotage meant to undermine Dangote’s refinery operations.
Secondly Whether the explosion was influenced by business interests seeking to establish market monopolies.
Thirdly, How the declaration of a state of emergency in Rivers State is directly connected to the explosion.
Then Who the key actors behind the explosion and subsequent political maneuvering are, and what their motivations may be.
According to Godswill impeachment as a Constitutional Remedy President Tinubu’s unconstitutional actions demand an immediate response from the National Assembly.
He cited Section 143 of the 1999 Constitution as amended which provides for the impeachment of a President who commits gross misconduct.
He said that President Tinubu’s unilateral suspension of elected officials and imposition of emergency rule without legislative approval constitute grave violations of the Constitution that meet the threshold for impeachment. “If unchecked, this precedent could pave the way for authoritarian overreach in other states”
The former Presidential aspirant says that Nigeria’s democracy is at a crossroads. The rule of law must prevail over political expediency and economic manipulation.
He urged the National Assembly to uphold its constitutional duty by carrying out an investigation. “The National Assembly must uphold its constitutional duty by thoroughly investigating the circumstances surrounding the Trans-Niger Pipeline explosion and the Rivers States’ state of emergency.”
According to Godswill, Nigeria cannot afford to let such a blatant subversion of its constitutional order go unchallenged.
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