Actor-turned-politician and former Labour Party (LP) member Kenneth Okonkwo has weighed in on President Bola Tinubu’s declaration of a state of emergency in Rivers State.
In an interview with Symfoni News, a social media-based news platform, Mr Okonkwo, who formerly served as spokesperson for the LP presidential campaign, condemned Mr Tinubu’s decision.
In the interview posted on YouTube on Thursday, the 56-year-old said: “The President (Tinubu) did not declare a state of emergency in Rivers State; he declared martial law. It is essential to understand the difference.
“The Nigerian Constitution recognises a state of emergency and grants the President the power to declare it under specific conditions. However, the Nigerian Bar Association (NBA), led by its President, has clarified that none of these conditions have been met, meaning the purported declaration is not a state of emergency.
“The Supreme Court, in the case of Attorney General of Bendel State v. Aideyan, stated that any act of governance not covered by an enabling law is a nullity.
“Therefore, what President Bola Ahmed Tinubu did cannot be classified as a state of emergency, as such a declaration does not include the removal of duly elected representatives of the people.”
Okonkwo, a lawyer, noted that Section 1(2) of the Constitution does not allow a state to be governed by a sole administrator.
He compared President Tinubu’s actions to those of former South Korean President Yoon Suk Yeol, who declared martial law and tried to remove elected officials.
Okonkwo also criticised the National Assembly for approving the suspension using a voice vote.
“In response, the South Korean legislature, including members of his party, swiftly impeached him. He is now awaiting trial for attempting a coup against the federation.
“What the Nigerian legislature should be considering is removing Tinubu for imposing martial law in Rivers State and attempting to govern the state through a sole administrator—an arrangement not contemplated by the Constitution. The President even claimed that the sole administrator could make regulations, a form of subsidiary legislation derived from statutory authority.”
Mr Okonkwo added that Mr Tinubu’s actions amounted to an unconstitutional takeover of power in Rivers State.
