In an open letter to the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, on Thursday, August 7, 2025, Pilex Centre for Civic Education Initiative demanded the immediate reversal of the state of emergency in Rivers State.
Leader of the group, Mr. Courage Nsirimovu, in a release made available to TPCN, urged Tinubu to end what he described as “a reign of impunity and consequential drones of illegality against the people of the state and the Nigerian constitutional ideology of democracy and social justice.”
Reacting to a statement credited to the Minister of the FCT on the emergency, Nsirimovu said, “Mr. President, it is either you are mis-guided by your advisers or you are well ignorant of our laws or you are simply a desperate political dictator who puts his political interest above the same Constitution he swore to defend and people he swore to ensure their welfare and security.
“It is apparent that you have driven yourself to believe that nothing will happen in the face of your very provocative actions against the majority of the good people of Rivers State, but let me assure you that something will happen to judge your show of impunity and impudence.
“You will, like Nebuchadnezzar, find out some day that there is a God in heaven who rules over the affairs of men on earth, and Karma is eager to judge your reign of impunity. Mr. President, your declaration of a state of emergency in Rivers State is unjust as it doesn’t meet the constitutional requirement for such a declaration. Kindly see S. 305 (2a-f) and compare the peace in Rivers State to the killings in Benue and Plateau State, and review your decision.”
He emphasised that a state of emergency is mainly declared on security grounds and it is limited to affected areas.
According to the civil rights activist, “Pilex Centre has looked at your new regulation themed emergency powers (conduct of local government council elections and local government election tribunal proceedings) regulations, 2025, wherein you defined the 23 Local Government Areas of Rivers State as emergency areas and proceeded to bestow power on the sole administrator to appoint and swear in chairman and members of the Rivers State Independent Electoral Commission.
“Sir, be minded that these appointments were made before this your irregular regulations and cannot take retroactive effect to cure the anomalies and illegalities. You are part of those who join to waste Rivers State funds, as an independent Judiciary will nullify this election. Mr. President, your action shows so much desperation and purely reveals that the declaration of a state of emergency was merely a political matter to give the structure of the state to the FCT Minister, who has vowed to wrestle our governor until his selfish desires are met against the will of millions of the people of Rivers State.
“Sir, in a state of emergency, what the President would rather do as an extraordinary measure to restore peace would be to militarise the emergency area until peace is restored, and then he pulls out the military or police systematically. The President would rather suspend elections until peace is restored. However, Sir, you are using Emergency Rule to capture Rivers State. Such act of cowardice from the Commander in Chief of the Armed Forces is not only shameful but very low.
“Your advisers should have listened to Vice President Shettima, who condemned the removal of an Elected Governor and Legislature when such an emergency rule proclamation is made. MR. PRESIDENT, neither you nor the National Assembly has the power to remove an elected Governor, Deputy Governor or/legislature.
“Moreover, the proviso to S. 11(4) states that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or Deputy Governor of the state from office. S 11(5) states “For the purpose of section (4) of this section, a House of Assembly shall not be deemed to be unable to perform its function so long as the House of Assembly can hold a meeting and transact business”. Kindly note that the Rivers Assembly could hold meetings
“Mr. President, the facts in Rivers State before your infamous March 18, 2025 Emergency Rule declaration are: 1. Political and legal disagreement between the Governor and Legislature and at the decision of the Supreme Court, the Governor approached the Assembly to represent the State Budget. 2. One or two incidents of Pipeline vandalism. 3. There was no war or breakdown of any law and order or threat of breakdown of law and order. 4. The only major incident of concern is the pipeline, which could have been handled with more surveillance and security. 5. The other issue is the political disagreement, which could be handled politically, and if any security issues arise, the Commissioner of Police would have handled the same with the help of the I.G. if need be. 6. The inability of your favoured political group to impeach the Governor birthed this state of emergency.”
Nsirimovu reiterated that “in the cases of A.G Federation v A.G Lagos State 2004 (which was under your watch as the Governor of Lagos State), and A.G Plateau State V A.G Federation, the Court held, “even if the President has the powers to declare a state of Emergency, he does not have the Constitutional Powers to suspend or remove an elected governor.
“The contention of the FCT Minister in his media parley that EMERGENCY POWER ACT gives you the power to make regulations, is absolutely subject to the provisions of the Constitution as regards security in a manner that affects the fundamental rights to liberty and movement of citizens (as extra ordinary measures) allowed under S. 45 of the Nigerian Constitution on derogation from Fundament Rights. E.g. declaration of curfew, restricted areas, militarisation of emergency area, etc., which will clearly affect rights to liberty, movement, etc.
“The first sentence of S. 305 of the Nigerian Constitution limits Emergency rule to function “subject to the provisions of this Constitution”. As such, any other Laws like the EMERGENCY POWER ACT of 196,1, which the Minister cited and the emergency powers (conduct of local government council elections and local government election tribunal proceedings) regulations, 2025, which you promulgated, which are inconsistent with the provisions of the Nigerian Constitution, shall be void to the extent of their inconsistency. Kindly see S. 1 (1,2,3) of the 1999 Constitution of Nigeria, which you swore to defend.
“S. 1(1) This Constitution is supreme and its provisions shall have binding force over all authorities in Nigeria……. (including you, Mr. President) S. 1(2) …….No person or group of persons shall take control of the Government of Nigeria or any part thereof except in accordance with the provisions of this Constitution. S 1(3) If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”
He added that “former military dictator, Ibrahim Badamosi Babangida, regretted his actions at a very old age and tried to make amends with Nigerians, but it failed.
“Rivers State is that legacy that will screw your heart to pieces in your latter days if you do not reverse this evil that has held our economy bound and apologise to us now.”
