Nollywood actor and former Labour Party (LP) member, Kenneth Okonkwo, has condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as a violation of constitutional provisions.
Okonkwo, who previously served as the spokesperson for the LP presidential campaign, voiced his concerns in an interview with Symfoni News, a social media-based platform, posted on YouTube on Thursday.
Naija News reports that the trained lawyer argued that President Tinubu’s decision to declare a state of emergency was, in fact, an imposition of martial law.
He explained that the Nigerian Constitution allows the President to declare a state of emergency only under specific conditions, none of which, according to Okonkwo, were met in this case.
“The President (Tinubu) did not declare a state of emergency in Rivers State; he declared martial law. It is essential to understand the difference,” Okonkwo said, stressing that the Nigerian Bar Association (NBA), led by its President, had clarified that the conditions necessary for such a declaration had not been fulfilled.
Okonkwo cited the Supreme Court case of Attorney General of Bendel State v. Aideyan, which established that any act of governance not backed by an enabling law is null.
“What President Bola Ahmed Tinubu did cannot be classified as a state of emergency,” Okonkwo stated. He also pointed out that such a declaration, as per the Constitution, cannot include the removal of duly elected representatives, which was the case in Rivers State.
The former LP spokesperson further criticized the President for his decision to appoint a sole administrator to oversee Rivers State, arguing that Section 1(2) of the Nigerian Constitution explicitly prohibits the governance of a state by a sole administrator.
He compared Tinubu’s actions to those of former South Korean President Yoon Suk Yeol, who attempted to remove elected officials through martial law, only to be impeached and now awaiting trial for attempting a coup.
“If the Nigerian legislature were doing its job, it should be considering the impeachment of Tinubu for imposing martial law in Rivers State and attempting to govern the state through a sole administrator,” Okonkwo asserted.
Okonkwo also criticized the National Assembly for approving the state of emergency using a voice vote. He argued that such approval was a deviation from constitutional processes and that the House of Representatives should have questioned the legality of the President’s actions.
“The President even claimed that the sole administrator could make regulations, a form of subsidiary legislation derived from statutory authority. This is treason. Governing any part of Nigeria outside constitutional provisions is illegal,” he added.
The actor-turned-politician pointed out President Tinubu’s actions amounted to an unconstitutional takeover of power in Rivers State.
He highlighted that Tinubu’s decision involved suspending multiple sections of the Constitution, including those governing the removal of governors and House of Assembly members.
“The President lacks the power to override these constitutional provisions. In a legitimate state of emergency, Section 305 of the Constitution specifies that such a declaration can only be made under certain conditions: war, national security threats, public order breakdowns, or natural disasters requiring extraordinary intervention,” Okonkwo explained.
He also criticized the security report Tinubu cited as justification for the state of emergency, stating that such reports are meant only for the President’s knowledge and do not grant him the power to remove elected officials.
“A classified security report does not give the President the power to remove elected officials. The Constitution is clear: he who appoints has the power to remove,” Okonkwo stated.
Okonkwo concluded his remarks by emphasizing that governance in a democracy must be rooted in the rule of law, not executive overreach.
He called on the Nigerian people to recognize that Tinubu’s actions represent a significant departure from constitutional governance and a dangerous precedent for the country.
The post Rivers: ‘President Tinubu Did Not Declare State Of Emergency, He Declared Martial Law’ – Okonkwo appeared first on Naija News.