In the wake of President Bola Tinubu’s declaration of a state of emergency in Rivers State, which led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and the state House of Assembly, legal experts and civil society organizations have raised significant constitutional concerns.
Human rights lawyer Tope Temokun criticized the President’s actions as an overreach of executive power. He emphasized that while Section 305 of the 1999 Constitution permits the President to declare a state of emergency under specific circumstances, it does not authorize the removal of an elected governor. Temokun highlighted that the proper procedure for removing a governor is outlined in Section 188 of the Constitution, which involves impeachment by the state’s House of Assembly.
Similarly, legal practitioner Morakinyo Olasupo underscored that a President lacks the authority to suspend a democratically elected governor. He pointed out that the suspension or impeachment of governors is within the jurisdiction of the state House of Assembly and the judiciary. Olasupo elaborated that, according to Section 305, the President can declare a state of emergency under specific conditions, but this does not equate to the power to suspend or remove a governor.
In light of these constitutional arguments, there is a growing call for President Tinubu to reinstate Governor Fubara and his administration without conditions. Advocates argue that adherence to constitutional protocols is essential to uphold democratic principles and prevent the erosion of state autonomy. They stress that any deviation from these established procedures sets a concerning precedent for the balance of power between federal and state governments.
The situation in Rivers State has attracted national attention, with many urging the federal government to respect constitutional boundaries and ensure that any actions taken are within the legal framework. The restoration of Governor Fubara is seen by supporters as a necessary step to maintain the integrity of Nigeria’s democratic institutions and to reaffirm the rule of law.
Dr. Suleiman Bello
Headlinenews.news
