posted 19th March 2025
Declaration of State of Emergency in Rivers State and Suspension of Governor and others is Indefensible- El-Rufai
Abuja, 19 March 2025 – Former Kaduna State Governor, Nasir Ahmad El-Rufai, has issued a scathing rebuke of President Bola Tinubu’s administration, calling for the immediate reinstatement of elected officials in Rivers State following their controversial suspension by the Federal Government. In a strongly worded statement released today, El-Rufai branded the move a “wanton aggression against democratic tenets” and a violation of Nigeria’s Constitution, urging the president to reverse the decision to avert a slide into authoritarianism.
The suspension of Rivers State’s elected officials, reportedly justified by the Tinubu administration on grounds of escalating security concerns, has sparked widespread debate about the boundaries of presidential power in Nigeria’s federal system. El-Rufai argued that while the cited security threats—believed to involve risks to national infrastructure—merit serious action, they do not legitimise dismantling democratic structures. “The responsibilities of a president are heavy and extensive, but they are constrained by the Constitution and the law and certainly do not include firing persons who were elected,” he stated.
Highlighting legal precedent, El-Rufai pointed to the Supreme Court’s ruling in Dariye vs. Attorney General of the Federation, which declared the suspension of elected officials unlawful. He suggested that a state of emergency could have been declared to empower security agencies with the necessary tools to tackle the crisis without undermining democracy. “Extending the provisions of such an emergency regime to include the dismantling of democratic structures is a gross violation,” he warned.
The former governor, a prominent figure in Nigeria’s political landscape, drew parallels with historical missteps, invoking the emergency rule in the Western Region in 1962—a period marked by political instability that many historians link to the erosion of democratic norms. “Let us not keep silent while the slippery slope of replicating those events unfolds before our very eyes,” he cautioned, appealing to “patriots and voices of reason” to join his call for constitutional adherence.
El-Rufai also referenced Tinubu’s own past as an opposition figure, noting that the president had vocally opposed a state of emergency declared by then-President Goodluck Jonathan in the North-East during his tenure as a senator.
That emergency, El-Rufai pointed out, did not extend to suspending elected officials, making Tinubu’s current stance appear inconsistent with his earlier principles. “A similar reconsideration is warranted in this case to contain the damage done to the people of Rivers State,” he argued.
The statement comes at a time of heightened political tension in Nigeria, with the Tinubu administration facing criticism over its handling of regional crises. Supporters of the president maintain that decisive action was necessary to stabilise Rivers State, but critics like El-Rufai contend that such measures must remain within the bounds of the law. “The Federal Government must return to the path of constitutionalism and the rule of law,” El-Rufai insisted.
As of now, the presidency has not responded to El-Rufai’s statement, leaving observers watching closely for signs of how this constitutional standoff will unfold. For the people of Rivers State, caught in the crosshairs of this power struggle, the restoration of their elected representatives hangs in the balance.
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Please see El-Rufai’s Full Statement below
NIGERIA UPDATE: The Tinubu-led Federal Government should restore elected officials in Rivers State
There are things that are so clearly wrong that the justifications summoned in their defence fall flat. The decision of Mr. President to suspend the elected officials of the Rivers State Government is one of those. Our country’s Constitution does not support it precisely because it is dangerous to our system of democratic federalism for an elected president to assume and exercise powers to suspend elected officials at the State level. The responsibilities of a president are heavy and extensive, but they are constrained by the Constitution and the law and certainly do not include firing persons who were elected.
The security issues cited in the President’s speech surely deserve the most serious attention and sustained efforts to contain the threats and preserve vital national infrastructure. That is a duty that we ought to vigorously support the security agencies to successfully discharge. A state of emergency could surely have been proclaimed to grant the relevant security agencies the extraordinary powers and necessary resources to enable them to address the problem. Extending the provisions of such an emergency regime to include the dismantling of democratic structures is a wanton aggression against democratic tenets and the rule of law. The Supreme Court has conclusively declared the suspension of elected officials unlawful in the Dariye vs.Attorney General of the Federation.
It is my view that Mr. President should review this decision and return to the path of constitutionalism and the rule of law. As an opposition figure, Senator Bola Tinubu had made his voice heard against the decision of then President Goodluck Jonathan to declare a state of emergency in the North-East, even when that decision did not extend to the suspension of elected officials and institutions. A similar reconsideration is warranted in this case to contain the damage done to the people of Rivers State, and restore the Federal Government to compliance with the Constitution.
Let us not keep silent while the slippery slope of replicating the events of emergency rule in the old Western Region in 1962 unfold before our very eyes. I appeal to all patriots and voices of reason to join in calling an end to this gross violation of the Constitution and disrespect for the rule of law.
Signed
Nasir Ahmad El-Rufai CON
19th March 2025
