Osigwe argues that the suspension of elected officials, under the guise of a state of emergency, is a violation of the Nigerian Constitution, as it does not meet the necessary legal criteria for such actions.

Osigwe contends that the situation in Rivers State, marked by recent oil pipeline explosions, does not justify the declaration of a state of emergency or the suspension of the state’s leaders. He believes the decision is politically motivated and risks setting a dangerous precedent, where governors could be removed at the president's discretion. According to Osigwe, the legal basis for the emergency declaration is lacking, as the conditions outlined in Section 305 of the 1999 Constitution for declaring such measures have not been met.

Osigwe also dismissed claims by the Attorney General that the suspension was necessary to protect national economic interests. He pointed out that while issues like oil theft and pipeline sabotage are serious, similar occurrences in other regions of Nigeria, such as Bayelsa and Cross River, have not led to similar actions. He argued that the president’s decision undermines the constitution and could have serious implications for Nigeria’s democratic processes.

As opposition to the suspension grows, Osigwe has warned that the legality of the president’s actions will be tested in court if alternative solutions, such as engaging the National Assembly, do not lead to a resolution.

--ChannelAfrica--