By Abbanobi -Eku Onyekachi, Abuja
A Prominent constitutional lawyer and Principal Partner at Chinenye Chambers, Amobi Nzelu, has strongly condemned the National Assembly’s approval of President Ahmed Bola Tinubu’s declaration of a state of emergency in Rivers State. Nzelu described the process as a “coup d’etat against democracy” and a blatant disregard for the constitution.
The lawyer criticized the National Assembly for its “kangaroo approval” of the state of emergency, stating that the legislative arm of government has failed in its duty to check the excesses of the executive. He quoted Uthman dan Fodio, saying, “Conscience is an open wound, only truth can heal.” Nzelu questioned the conscience of the National Assembly in approving the president’s actions, which he believes offend the constitution.
Nzelu argued that Section 305 of the 1999 Constitution clearly outlines the procedure for declaring a state of emergency, which does not include dismantling the democratic structure in place. He emphasized that the Supreme Court has also ruled that democratic structures should not be dismantled during a state of emergency.
The lawyer warned the National Assembly against becoming a “rubber stamp” for the executive, urging them to take a stand on issues involving the people who elected them. He cautioned that failure to do so could lead to severe consequences, including the erosion of democracy.
Nzelu’s criticism comes after President Tinubu declared a state of emergency in Rivers State on March 18, 2025, removing the elected Governor Sim Fubara and dismantling the state assembly members. The judiciary survived the emergency declaration. Nzelu believes that the president’s actions amount to a coup d’etat against democracy and are in clear breach of the constitution.
