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Emergency rule in Rivers: Tinubu’s action justified on security grounds – Expert

By Fisayo Akinduro

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A legal expert and chieftain of the All Progressives Congress (APC), Dr Olumuyiwa Adu, has backed President Bola Tinubu’s declaration of a state of emergency in Rivers State, arguing that security concerns warrant such a drastic measure.

In an exclusive interview with Weekend Hope, the Akure-born legal luminary pointed out that while the Nigerian Constitution does not explicitly state whether a state of emergency should lead to the suspension of governance, the circumstances surrounding such a declaration should take precedence.

He said: “As long as the specifics of any law are not clearly stated and there are no judicial precedents to serve as reference points, it becomes difficult to categorically declare such an action unlawful.”

According to him, the ongoing debate is driven more by subjective reasoning than any direct constitutional provision.

“The constitution does not explicitly stipulate whether a state of emergency necessitates the suspension or continuation of governance. What should be of paramount concern is whether such a decision serves the best interests of the nation and its citizens,” he stated.

Adu stressed the need for continuous legislative review to ensure that legal frameworks remain relevant in addressing contemporary challenges.

“To the best of my knowledge, we have not done enough in this regard. This underscores the critical role of legislative institutions, which are tasked with reviewing, amending, suspending, or even repealing laws as necessary to reflect evolving national realities,” he said.

He urged lawmakers at both federal and state levels to take proactive steps in clarifying the legal position on the matter to forestall future disputes.

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“While both proponents and opponents of the suspension of governance may present valid arguments, the fundamental question remains: does the constitution provide a clear directive on the issue? If such a decision is taken in the interest of peace and national stability, I would not be opposed to it,” he noted.

Adu further explained that while the government possesses the authority to act in times of crisis, the central debate revolves around whether this authority extends to suspending governance.

“Nowhere in the constitution is it expressly stated that a declaration of a state of emergency necessitates the suspension or non-suspension of governance. Therefore, the prevailing circumstances should ultimately determine the appropriate course of action,” he asserted.

He called on legislative bodies at all levels to critically examine the existing legal framework and provide clearer guidelines to prevent future controversies on the subject.

Beyond emergency measures, Adu advocated state policing as the ultimate solution to Nigeria’s growing security challenges.

He argued that the centralised security system has failed to curb the rising wave of violence and criminal activities across the country.

“We are dealing with a security system that lacks the necessary infrastructure, manpower and modern policing tools. You cannot expect someone who struggles to fill out a basic bank form to effectively manage a complex security operation. The system needs a complete overhaul,” he remarked.

He pointed out that security agencies are underfunded and ill-equipped, leaving states with no choice but to rely on regional security outfits like Amotekun in the South-West.

“If we had an efficient police system, we would not need Amotekun. In the past, the Criminal Investigation Department (CID) functioned effectively, gathering intelligence seamlessly. But today, officers spend time on roadblocks harassing motorists instead of tackling real threats,” he lamented.

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Adu also took a swipe at the culture of godfatherism, describing it as a significant hindrance to true democracy.

He condemned the undue influence of political godfathers who impose candidates against the will of the people, a practice he said continues to frustrate good governance.

“Why must an individual dictate who holds public office against the people’s will? This is why vote-buying and political apathy persist. People believe their votes don’t count, and they end up demanding money in exchange for votes,” he decried.

He called for legislative reforms to dismantle the system, arguing that political godfatherism has led to the emergence of incompetent leaders, stalling Nigeria’s progress.

When asked why President Tinubu, who had long championed state policing, has yet to implement it, Adu urged patience.

His words: “Nigeria’s problems are enormous, and Tinubu is still working on stabilising revenue generation. He has faced resistance in implementing critical tax reforms and policies. However, I am confident that he will revisit state policing before the end of his tenure.”

He emphasised that the foundation of national security rests on two pillars; a strong judiciary and a modern police force both of which need urgent reform.

“Look at developed countries; their citizens are not necessarily more disciplined than Africans, but their laws and policing systems work. That’s what we need here. A judiciary that delivers swift justice and a police force that functions efficiently will change Nigeria’s security landscape,” he concluded.

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Emergency rule in Rivers: Tinubu’s action justified on security grounds – Expert

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