Dr. Reuben Abati, veteran journalist and former Senior Adviser on Media and Publicity to ex-President Goodluck Jonathan, has stated that President Bola Tinubu has committed an impeachable offense.
Speaking on Arise Television’s Morning Show on Wednesday, Abati argued that a governor cannot be removed from office through a presidential proclamation. His comments follow Tinubu’s Tuesday night declaration of a state of emergency in Rivers State and the suspension of Governor Siminilayi Fubara for six months.
In a nationwide broadcast, Tinubu expressed concern over the political crisis in Rivers, accusing Fubara of demolishing the State House of Assembly. He justified his decision to impose emergency rule based on his evaluation of the situation.
However, Abati asserted that Tinubu’s actions violate the Constitution, even under the provisions of Section 305. He argued that the President was not properly advised and that his assumption of legislative powers over Rivers State amounted to an impeachable offense.
Abati outlined several constitutional breaches in Tinubu’s actions:
1. Misinterpretation of Section 305
Section 305 permits a state of emergency only under specific conditions, such as war, chaos, or a governor’s failure to address a crisis.
Any proclamation must be gazetted and approved by the National Assembly within 48 hours (or 10 days if in recess).
If the National Assembly rejects the proclamation by a two-thirds majority, it is nullified.
2. Overreach of Executive Power
Tinubu’s claim that his appointed administrator can make regulations and laws for Rivers State is unconstitutional.
The Federal Executive Council has no authority to legislate for a state; only the National Assembly can do so in an emergency (as per Section 11).
By assuming legislative powers, Tinubu has committed an impeachable offense.
3. Unlawful Removal of the Governor
Section 188 outlines the process for removing a governor, requiring:
An allegation of gross misconduct by the State House of Assembly.
A judicial panel’s investigation.
A final decision based on due process.
The Constitution does not grant the President the power to unilaterally remove a governor, deputy governor, or state legislature.
Abati concluded that Tinubu’s unilateral actions contradict Section 1(2) of the Constitution, which states that Nigeria must be governed strictly by constitutional provisions. He urged the National Assembly to challenge the President’s actions, questioning whether they have the courage to reject his proclamation or initiate impeachment proceedings.
“This is a clear violation of the Constitution,” Abati said. “The people advising the President must be called to order.”
