Reuben Abati Challenges Akpabio to Impeach Tinubu Over Alleged Constitutional Violation in Rivers State

Veteran journalist and former Senior Special Adviser to ex-President Goodluck Jonathan, Reuben Abati, has boldly challenged Senate President Godswill Akpabio to initiate impeachment proceedings against President Bola Tinubu for allegedly violating Nigeria's constitution in his recent actions concerning Rivers State.

Abati claims that Tinubu’s suspension of Governor Siminalayi Fubara, the deputy governor, and the entire state legislature is an illegal and impeachable offense.

Abati, in a statement released to the press, argued that Tinubu’s actions, which saw the suspension of elected officials and the installation of a military administrator without the approval of the National Assembly (NASS), directly contradict the 1999 Constitution. According to Abati, the president’s unilateral decision to remove the governor and install a military administrator is not only unconstitutional but also a breach of legal protocol, constituting an impeachable offense.

“Tinubu has made himself the dictator of Rivers State, suspending the governor, deputy governor, and legislature, which is completely illegal under the 1999 Constitution,” Abati stated. “By doing so, he has committed an impeachable offense by removing Sim Fubara and installing a military administrator in charge of Rivers State without the approval of NASS.”

Abati referenced Section 305 of the Constitution, which deals with the declaration of a state of emergency, but pointed out that the president failed to consider Section 188, which clearly states that only the NASS and the Attorney General of the Federation (AGF) have the power to remove an elected official. "The president does not have the power to remove an elected governor, and this is exactly why Goodluck Jonathan, when declaring a state of emergency in 2013 over insecurity in three northern states, did not suspend the government. It was an emergency situation, but the constitution was respected," Abati said.

Abati further elaborated on the historical context of the situation, drawing comparisons with former President Olusegun Obasanjo’s actions in Ekiti and Plateau states during his tenure. While Obasanjo controversially suspended state governments in those regions, Abati pointed out that these actions were also illegal, as they were done outside the bounds of the 1999 Constitution. "Obasanjo's legal adviser at the time argued they acted based on the 1961 Constitution, but that does not make the action right. It was still illegal," Abati asserted.

Abati criticized the president’s handling of the state of emergency (SOE) declaration, which he believes was improperly executed. "According to the constitution, if a state of emergency is declared, it must be approved by the Senate within two days. In this case, the Senate has not approved it, and the president’s suspension of elected officials is therefore invalid,” he explained. "Even if the Senate had not responded in time, the declaration would have lost its validity, showing there was no legal basis for suspending the governor, deputy, or legislature in Rivers."

Abati’s comments came amidst the president’s swearing-in of Navy Chief Admiral Ibokette Ibas as the new administrator for Rivers State. Reports indicate that the federal government is set to release the state’s Federal Accounts Allocation Committee (FAAC) funds to the administrator, despite the Supreme Court blocking these funds pending the re-presentation of the state budget by Governor Fubara. Abati described this move as yet another illegal act, claiming that Tinubu’s plan to make laws for Rivers State through the Federal Executive Council (FEC) was unconstitutional.

While Abati’s stance is firm, many members of the ruling All Progressives Congress (APC) have criticized his interpretation of the constitution, pointing out his previous role as a senior adviser to Jonathan. They argue that he may be misinterpreting the laws and have pointed to the broader context of the situation.

As the controversy continues to unfold, the National Assembly has yet to formally address the state of emergency or provide an official response. With President Tinubu’s recent appointment of an administrator in Rivers State, the political battle over the legalities of the suspension continues, leaving Nigerians wondering how the situation will evolve.