However, while rejecting the declaration of state of emergency on Rivers, the Peoples Democratic Party on which platform Fubara was elected accused the President of violating the constitution by not consulting with the National Assembly before taking the action. “In any case, nothing in Section 305 of the 1999 Constitution relied upon by the President in the declaration grants him the exclusive powers to declare or execute the declaration of a state of emergency without recourse to the statutory approval of the National Assembly.