Day democracy takes a giant step backward in Nigeria, by Olu Arowosegbe

The Tinubu Government in a surprising autocratic move has suspended democratic structures in Rivers State, a constituent unit of the Federal Republic of Nigeria.

It is surprising since the President sought to justify his action under section 305 of the Constitution when even a second level constitutional law student would have clearly advised him that while the section grants him power to declare a state of emergency in the State, it does not grant him power to suspend the democratically elected Governor alongside the democratically constituted House of Assembly.

It is surprising because the same Constitution under which the President was elected and is sustained in office is the one that has been flagrantly breached.

It is surprising because the antecedents of President Tinubu before his current office has portrayed him as an avowed democrat and he ought to have been persuaded to do better.

It is surprising because his action has moved Nigeria backward (some 20+ years) to the President Obasanjo era when such a flagrant breach of the Constitution last occurred. While Obasanjo, a former military ruler could have been excused for not knowing better, definitely not someone with the pedigree of President Tinubu.

It is all the more surprising and disappointing since the President failed to follow the good precedent of former President Jonathan when occasion demanded he declared a state of emergency in Borno, Yobe, andAdamawa states on May 14, 2013. This he did without trampling upon the constitutional order of the country. He continued throughout the emergency period (even in the midst of escalating Boko Haram insurgency) to work with the Governors and the State Houses of Assembly in addressing the crisis in these States.

It is however not too late for President Tinubu to correct this anomaly. What will however be more surprising and disappointing is for the National Assembly to go ahead and validate this gross violation of the Constitution.