Aguocha Warns Against Executive Overreach as Lawmakers Debate Tinubu's Emergency Declaration in Rivers State"

Hon. Obi Aguocha, a Labour Party (LP) representative for Ikwuano, Umuahia North, and South Federal Constituency, has expressed serious concerns over President Bola Tinubu’s recent move to declare a state of emergency in Rivers State. The action, which also includes the suspension of Governor Siminalayi Fubara, his deputy, and members of the House of Assembly, has drawn criticism for allegedly undermining the authority of the National Assembly.

During an interview on Arise TV on Wednesday night, Aguocha strongly condemned what he described as a direct assault on the constitutional powers of the legislature. He cautioned that such executive overreach poses a grave threat to democracy and, if unchecked, could justify impeachment proceedings against the president.

He emphasized the necessity of upholding the principle of separation of powers, warning that allowing the president to act without legislative approval could create a dangerous precedent for future administrations. With the National Assembly gearing up for a crucial plenary session, lawmakers are carefully weighing their options before casting their votes on the emergency declaration.

Aguocha highlighted that many legislators are approaching the issue with caution, wary of the possibility that emergency powers could be misused for political suppression. The upcoming vote will determine whether Governor Fubara and the other suspended officials will be reinstated. Should the president fail to secure a two-thirds majority, the declaration will be automatically revoked, effectively nullifying the suspensions.

According to Aguocha, the Nigerian Constitution requires at least two-thirds of the entire House—approximately 273 or 274 out of 360 members—to approve the declaration, not just those present at the time of voting. He asserted that the president currently lacks the necessary support to meet this requirement, making approval unlikely.

While Section 305 of the Constitution permits the president to declare a state of emergency, it also mandates ratification by both chambers of the National Assembly within 48 hours. Although the All Progressives Congress (APC) holds a majority, Aguocha noted that their numbers may not be sufficient to guarantee a favorable outcome.

With tensions running high, the upcoming decision will serve as a defining moment for Nigeria’s democracy. Lawmakers must now choose between upholding constitutional principles or allowing unchecked executive authority to prevail. The result of this vote will not only impact the immediate political situation in Rivers State but will also shape the balance of power between the executive and legislative branches for years to come.