Hon. Joshua Gana warns that Nigeria’s emergency rule in Rivers State and the unrecorded voice vote undermine democracy, lack transparency, and echo authoritarian practices.
In a sharp critique of Nigeria’s federal government, Honourable Joshua Audu Gana, a prominent member of Nigeria’s House of Representatives, has voiced deep concern over the recent declaration of a state of emergency in Rivers State. In an exclusive interview, Gana described the move as an “unconstitutional overreach” that could imperil the democratic fabric of Africa’s most populous nation.
The federal government’s appointment of a sole administrator to replace the elected governor of Rivers State, Siminalayi Fubara, has drawn widespread condemnation from legal scholars, civil society groups, and opposition politicians. But Gana’s criticism is particularly notable—not only for its legal precision, but for its political courage.
“There is no provision in the 1999 Constitution that allows the President to remove a sitting governor and install an unelected administrator,” Gana said. “Although Section 305 permits the President to declare a state of emergency, it does not authorize the dissolution of state executive structures or the removal of elected representatives. Section 11(4) only empowers the National Assembly to take over state legislative functions—not executive powers—if a state assembly is unable to perform its duties.”
Gana described the circumstances surrounding the declaration of a state of emergency in Rivers State as “unprecedented, extra-constitutional, and dangerous.”
Gana, who represents Niger State in the House, warned that the federal government’s actions set a disturbing precedent. Drawing on historical comparisons, he pointed out that during past emergency declarations—including in Plateau State under President Olusegun Obasanjo in 2004 and in Borno and Yobe States under President Goodluck Jonathan in 2011—elected governors remained in office.
“Even in those crisis periods, constitutional order was preserved. What we’re seeing today is different. It’s the erosion of federalism through executive overreach,” he said.
Even more alarming, according to Gana, was the House of Representatives’ decision to ratify the emergency declaration via a voice vote—a method that does not record how individual lawmakers voted. Lawmakers voiced their votes by shouting “aye” or “nay,” without any record of individual accountability. This, he noted, is a violation of Nigeria’s democratic best practices.
“Decisions such as the declaration of emergency rule in democracies worldwide typically require recorded votes to allow for public scrutiny. Nigerians deserve to know how their representatives voted on a matter of such national importance,” Gana said. “Democracies do not operate in whispers—they function in transparency.”
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He cited Section 58(4) of Nigeria’s Constitution, which outlines proper legislative procedures, and compared Nigeria’s current process unfavorably with international standards, particularly in the United States.
“After 9/11, Congress debated and voted openly on emergency powers. That’s what accountability looks like. A voice vote on a state of emergency? That’s unacceptable,” he said.
Gana’s critique is not limited to legal procedure—it touches on the broader implications for Nigeria’s federal system and democratic integrity.
“If we normalize this—the idea that elected state governments can be dissolved at will—then what remains of our federalism?” he asked.
He further warned that such actions echo the authoritarian tendencies of Nigeria’s military past.
“We fought hard for this democracy. We cannot afford to casually dismantle it under the pretext of emergency rule,” he said.
Gana believes the federal government must provide clear, verifiable evidence to justify the imposition of emergency rule—and that any future emergencies must follow strict constitutional procedures.
“The stakes are too high,” he said. “This is not about politics. It’s about the rule of law.”
He concluded with a plea for legislative integrity and public vigilance.
“Democracy is not sustained by silence. It’s sustained by scrutiny,” Gana said. “And the people must hold us accountable.”
