Senate suspends democratic governance in Rivers State

Approves President Tinubu’s request for declaration of a state of emergency and 6-month suspension of the elected governor, deputy, state assembly The Nigerian Senate has approved President Bola Tinubu’s declaration of a state of emergency in Rivers State. Earlier this Thursday, the House of Representatives granted approval to the declaration of a state of emergency in Rivers State by the president. This move also includes the suspension of Governor Siminalayi Fubara and his deputy from office. With this approval, President Tinubu is now empowered to enforce emergency measures in the state, with provisions for a periodic review of the situation, not exceeding six months. The announcement came after a closed-door session of the Senate on Thursday, which lasted over an hour. Senate President Godswill Akpabio confirmed the decision, emphasizing that the approval grants the President the necessary authority to restore stability in Rivers State. Akpabio stated that the Senate relied on its Orders 133, 134, 135, and 136 to pass the resolution. Earlier, Akpabio disclosed that Tinubu had written the Senate a letter of proclamation on the six-month suspension he slammed on Fubara. The letter read aloud at plenary by Akpabio said, “In compliance with the provisions of Section 305, Subsection 2 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, I hereby forward, for the Constitution of the Senate, copies of the official Gazette of the State of Emergency Proclamation 2025. “The main features of the proclamation are as follows. “While I look forward to the expeditious Constitution of the Senate, please accept, Distinguished Senate President, the assurances of my highest consideration.” Akpabio, after reading the letter, added, “This letter is committed to the Committee of the entire Senate for Immediate passage.” Meanwhile, immediately after the letter, Senator Seriake Dickson, PDP, Bayelsa West raised a point of Order 133 that has to do with having a closed-door session. Meanwhile, political watchers and legal experts have called out the president for declaring a state of emergency in a situation where the preconditions stipulated in the 1999 Constitution of the FRN do not hold sway. Most lawyers who spoke on the matter berated President Bola Tinubu who exercising a power he was never conferred with by the Constitution for suspending and elected governor of a state and the house of Assembly.

Suspension of elected officials, a slap on the constitution-Dagogo

Dr Fara Dagogo, has described  the declaration of a State of Emergency in Rivers State by President Bola Tinubu as a slap on the Constitution. Dr. Dagogo was a member of the House of Representatives member, (Degema, Bonny, Federal Constituency). The former legislator made the remark on Tuesday in a statement issued to newsmen in Port Harcourt while reacting to the emergence rule declared on Rivers. He said that the declaration was questionable under the 1999 Constitution of the Federal Republic of Nigeria (as amended). Dr. Fara added that Section 305 of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended) outlined the conditions under which the President might declare a state of emergency. According to Dagogo, specifically, Section 305(1), the President may, by instrument published in the Official Gazette, issue a proclamation of a state of emergency in the federation or any part thereof. ‘’Section 305(3) states that the President may only declare a state of emergency in a state if the Governor of the state, with a resolution supported by two-thirds majority of the House of Assembly, requests the President to do so; “If there is actual breakdown of public order and public safety requiring extraordinary measures;  “Or If there is a clear and present danger of an actual breakdown of public order and public safety in the  federation or any part thereof; “If there is an occurrence or imminent danger of invasion, war, or insurrection; or if there is a natural disaster or public health emergency;  “Or if there is any other danger threatening the existence of the federation,”Dagogo explained. Dagogo said that President Tinubu admitted that the Governor and Deputy Governor did not request the proclamation (as required under Section 305(5). He said that the legal basis for the declaration rested on whether or not the public order and public safety had truly broken down, justifying the invocation of emergency powers. Speaking on legality of the Suspension of the Governor, Deputy Governor, and State House of Assembly, Dagogo said that the controversial aspect of the declaration was their suspension under the 1999 Constitution. According to him, the only legal way to remove a Governor or Deputy Governor is through impeachment by the State House of Assembly under Section 188. He stated that the Constitution does not grant the President the power to suspend or remove a Governor or Deputy Governor outside the impeachment process or a valid resignation. Dagogo said that section 11(4) and (5) stated that only the National Assembly could take over legislative functions of a state House of Assembly in cases where it could not function. It does not allow for the suspension of elected lawmakers. Dagogo explained that given the constitutional provisions, President Tinubu’s suspension of elected officials was unconstitutional, as there was no provision in the 1999 constitution granting such powers. “Even during a state of emergency, the Governor and Deputy Governor remain in office, unless removed in accordance with constitutional procedures,” he said. He said that the appointment of Vice Admiral Ibok Ette Ibas (Rtd) as the Administrator to govern Rivers State raised another constitutional issue. “The 1999 Constitution does not recognize the office of an “Administrator” in place of an elected Governor ‘’The constitution only provides for a Governor elected by the people (Section 176(1)), a Deputy Governor elected alongside the Governor (Section 186),” he said. Dagogo mentioned that the only situation where an unelected official could assume control of a state is under military rule, which was not applicable under a democratic system governed by the 1999 constitution. He noted the role of the National Assembly in approving the State of Emergency, saying that under section 305(2) and (6), the President must transmit the emergency proclamation to the National Assembly for approval within two days. “If the National Assembly does not approve it within 10 days, the proclamation ceases to have effect. Dagogo while giving the constitutional breaches in the proclamation of Judicial interpretation and possible legal challenges, said that there were strong grounds for legal challenges in court. “The Supreme Court’s pronouncement in A.G. Federation v. A.G. Lagos State (2013) LPELR-20974(SC) reaffirms the principle that the President must act within constitutional limits, even in extraordinary situations,” he noted. Dagogo stated that ‘’any action outside the scope of the 1999 constitution is illegal’’ and could be overturned by the courts.

NGF Backs State Of Emergency In Education

The Nigeria Governors’ Forum (NGF) has expressed support for a call of a state of emergency in the education sector. Speaking at the National Conference on the Learning Crisis in Nigeria in Abuja on Wednesday, the Chairman, NGF, Governor Abdulrazaq Abdulrahman of Kwara, said resources must be provided for sustainable and promising education. The conference, organised by the Federal Ministry of Education in collaboration with United Nations Children’s Fund, has the theme: “Scaling Foundational Literacy and Numeracy in Nigeria.” Represented by the Vice Chairman of NGF, Governor Seyi Makinde of Oyo State, Abdulrahman said education is in crisis and a state of emergency should be declared in the sector. He stressed the need to remove all barriers such as gender, poverty, location, disabilities, language and ethnicity, that could hinder children from accessing foundational literacy and numeracy. “We must follow UNESCO standard for education system that is progressive and sustainable, Governors at the various states must commit above 15 per cent above of our budget to education. “I support the call for state of emergency but it must be backed by actions, the resources must be provided and we must look at issues that have mitigated against achieving that sustainable growth. “It is one thing to declare a state of emergency but it’s another thing to put all the resources and elements that will allow us to achieve it. “So, I support putting the resources in place to allow us move fast at it. Our education is in crisis and a state of emergency should be declared in all the sector. We need solid roadmap and I believe it is a collective involvement,” he said.  Meanwhile, the Minister of State for Education, Dr Yusuf Sununu, said learning crisis had been a challenge the education sector is faced with which needs urgent solution. “The consequences of learning crisis are far-reaching and profound as we risk widening the already significant education gap, perpetuating a cycle of poverty, illiteracy, diseases and stifling innovation and progress. “Education is the cornerstone of societal progress and individual empowerment, yet the challenges we currently confront demand our immediate attention, dedication, and action. “In recent years, Nigeria has been grappling with a severe learning crisis that hinders our youth from achieving their fullest potential. “A significant portion of our school-aged population, especially those in underserved communities, face barriers to access quality education. “The factors contributing to this crisis are multifaceted and include inadequate infrastructure, teacher shortage, unequal distribution of resources, outdated curricula, and socio-economic disparities,” he said. Sununu said the country must rise to protect the potential and aspiration of the youths, saying they are the greatest asset and hope for a prosperous future. He expressed the political will of President Bola Tinubu to raise education budgetary allocation from 8 per cent to 25 per cent in the next few years. He said the gesture would be a major breakthrough in addressing the learning crisis issues. In the same vein, UNICEF Representative in Nigeria, Cristian Munduate, said the conference was from outcomes of UN General Assembly in September where countries were urged to accelerate progress on Sustainable Development Goal 4. Munduate said this is to regain ground lost during the COVID-19 pandemic that saw unprecedented school closures globally. “For Nigeria, convening a conference on the learning crisis is opportune as government defines its priorities for the education sector in the new Ministerial Strategic Plan (MSP). “Just as Nigeria has galvanised significant support around the out-of-school problem, so too must it give attention to the learning crisis that is in fact fueling the out-of-school problem in Nigeria. “Three out of four children in basic education in Nigeria cannot read with meaning or solve simple maths problems. “When children fail to learn to read in the early years, they fail to read to learn in the subsequent years. Failure to learn begins to alienate children from the curriculum and their peers. “This contributes to the staggering drop out rates each year between the first and last year of primary school,” she said. She, therefore, called for serious attention to the learning crisis saying learning is not just important for education outcomes, it is key to finding a higher paying job, for achieving better health outcomes and for navigating community and social life. Also, the Chief Education, UNICEF Nigeria, Saadha Panday-Soobrayan, said the learning crisis in Nigeria begins in early childhood education, saying only half of the children are developmentally on track in early childhood. She said that learning gaps persist across the life course and most severe in the north part of the country. According to her, by the end of grade nine, only 74 per cent of pupils demonstrate foundational literacy and 69 pee cent foundational numeracy. She, therefore, said that all hands must be on deck to finding a lasting solution to the country’s learning crisis.

Adamawa Lootings: Fintiri relaxes curfew by 12 hours

Adamawa State Governor, Ahmadu Fintiri has relaxed the 24-hour curfew earlier imposed on the state by 12 hours. This contain in a statement issued by the Chief Press Secretary to Fintiri, Humwashi Wonosikou, in Yola on Monday. The state government said the curfew was relaxed from 6 a.m. to 6 p.m. after meetings with security chiefs in the state. Fintiri, who was represented by his Deputy, Kaletapwa Farauta, urged parents to send their wards to school and also encouraged businesses to open and go about their daily activities as the government would not fold its arms and allow miscreants to disrupt public peace. The governor warned hoodlums and the public to abide by the curfew and remain courteous and cooperative if approached and questioned by security personnel. Fintiri has declared a 24-hour curfew on the state with immediate effect, following wide scale anarchy, looting and attacks on citizens by alleged hoodlums. The state government said the hoodlums, complaining of hunger and high cost of foodstuff following the recent increase in price of fuel, ransacked government-owned and private food storages and warehouses, carting away anything in sight in anger. The governor said the situation had assumed a dangerous dimension in Yola, as the protesters attacked people with machetes and broke into business premises and homes stealing goods and property. “With the curfew imposed, there will be no movement throughout the state. Only those on essential duties with valid identification would be permitted to move around during the period of the curfew,” he said. Fintiri appealed to law-abiding residents to comply with the directive, warning that anyone caught contravening the order would be arrested and prosecuted.

NIS boss launches Visa on Arrival Lounge, declares state of emergency on passport

The Acting Comptroller General of Nigeria Immigration Service (NIS), Caroline Adepoju, on Friday, launched a state-of-the-art Visa on Arrival Lounge in Lagos, whilst announcing a state of emergency on Passport issuance across the country. Adepoju said during her working visit to Lagos where she said there was an urgent need to address the challenges faced by Nigerians in obtaining international passports. A statement by the Service Public Relations Officer (SPRO) Mr Tony Akuneme, said that the acting CGI inaugurated a state-of-the-art Visa on Arrival Lounge at the Murtala Mohammed International Airport. The NIS boss used the event to announce a comprehensive plan of action to tackle the issues effectively. She said that the facility was a demonstration of the NIS commitment to improving the overall travel experience for visitors entering Nigeria. According to her, the state of emergency declaration on Passport issues signifies the renewed commitment of NIS to resolve the challenges faced by Nigerians seeking to obtain passports. “It represents a call to action for all stakeholders to prioritise efficiency, transparency, and excellence in service delivery, “she said. Adepoju directed all Passport Control Officers, relevant units and personnel, including Missions abroad, to eliminate all hindrances preventing Nigerians from accessing Passports promptly. “NIS is leveraging technology and instituting robust administrative measures to enhance the Passport application and issuance process. “We urge all Nigerians to remain patient and cooperate with the service as it takes decisive steps to address the Passport crisis,” she said. Adepoju assured the public that the efforts was to ensure that every eligible Nigerian who required a Passport could obtain one in a timely manner. Adepoju also paid an unscheduled visit to Alausa Passport office to assess the situation firsthand. In her address, Ag. CGI emphasised the necessity to dismantle all man-made bottlenecks impeding Passport application process. She stressed that the NIS management was fully committed to addressing institutional and technology-based drawbacks to ensure more efficient and streamlined service delivery. Also, Adepoju, who recognised the importance of collaboration and community engagement, embarked on a grassroots sensitisation initiative targeting traditional rulers. She visited the Oba of Lagos, Oba Rilwan Akiolu, during which she sought the cooperation of traditional rulers nationwide in NIS activities, including the prevention of human trafficking.