By Abba Onyekachukwu
A senior constitutional lawyer, Amobi Nzelu, has criticized President Ahmed Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as a “coup d’etat against democracy. Nzelu, the Principal Partner at Chinenye Chambers, argued that the president’s actions, which included removing the elected Governor Sim Fubara and dismantling the state assembly members, exceeded his constitutional powers.
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According to Nzelu, Section 305 of the 1999 Constitution clearly outlines the procedure for declaring a state of emergency, which does not include dismantling the democratic structure in place ¹. He emphasized that the Supreme Court has also ruled that the democratic structure should not be dismantled during a state of emergency.
Nzelu expressed concern over the National Assembly’s approval of the state of emergency, describing it as a “sad narrative” of the executive and legislative arms’ “unholy romance.” He warned that the legislature’s failure to check the executive’s excesses could lead to a breakdown in democracy.
The lawyer urged the National Assembly to re-examine its role and prioritize the interests of the people who elected them. He cautioned that failure to do so could result in the legislature becoming a “rubber stamp” for the executive.
Nzelu’s criticism of the emergency declaration in Rivers State is not his first foray into high-profile issues. He has previously commended Anambra State Governor Charles Soludo for his efforts in combating insecurity and has advocated for judicial reforms.
