By Ekuson Nw’Ogbunka, Abuja
A renowned constitutional lawyer, Amobi Nzelu, has condemned the National Assembly’s approval of President Ahmed Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as a “coup d’etat against democracy.” Nzelu, the Principal Partner at Chinenye Chambers, criticized the legislative arm’s failure to check the executive’s excesses, citing Section 305 of the 1999 Constitution, which outlines the procedure for declaring a state of emergency.
According to Nzelu, the president’s actions, which included removing the elected Governor Sim Fubara and dismantling the state assembly members, exceeded his constitutional powers. He emphasized that the Supreme Court has ruled that democratic structures should not be dismantled during a state of emergency.
Nzelu expressed concern over the National Assembly’s “kangaroo approval” of the state of emergency, warning that they should not make themselves a “rubber stamp” to the detriment of the electorate. He urged the 10th National Assembly to re-examine its role and prioritize the interests of the people who elected them.
The lawyer’s criticism comes amid concerns over the increasing trend of executive-legislative collusion in Nigeria. As Nzelu noted, the legislative arm’s failure to check the executive’s excesses undermines the principles of democracy and the rule of law.
In a stern warning, Nzelu quoted Uthman dan Fodio, saying: “Conscience is an open wound, only truth can heal.” He asked: “Where is the conscience of the National Assembly in approving the brazen act of Mr. President that offends the constitution they swore to uphold?”
