Senior Advocates of Nigeria (SANs) React to Suspension of Governor Fubara, Urge National Assembly to Intervene

Legal practitioners have voiced strong opposition to President Bola Tinubu’s declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara and his deputy, Ngozi Odu. In separate interviews, several Senior Advocates of Nigeria (SANs) described the actions as unconstitutional and undemocratic.

President Tinubu announced the state of emergency on Tuesday, following ongoing political unrest in Rivers. The President also appointed Vice Admiral Ibokette Ibas (rtd) as the new administrator to oversee the state for a six-month period. The political crisis in Rivers has intensified since last year, following a fallout between FCT Minister Nyesom Wike and Governor Fubara. Tensions further escalated with the defection of 27 lawmakers loyal to Wike, although the Supreme Court later reinstated them.

Despite the legal powers conferred by section 305 of the 1999 Constitution, which allows the President to declare a state of emergency, lawyers have criticized the speed and manner in which the action was taken. SANs such as Adegboruwa and Abeny Mohammed argue that the President’s move was overly hasty and went beyond the constitution.

Adegboruwa, in particular, expressed concern over the decision to remove elected officials, urging the President to reverse the suspension of Fubara and Odu. He questioned why states like Osun, Benue, and Lagos, which have faced political turmoil, were not subjected to similar actions. “The action of the president is unwarranted, undemocratic, and uncalled for,” Adegboruwa stated.

Mohammed Abeny also echoed concerns, labeling the declaration as “unconstitutional and ultra vires,” emphasizing that the Governor’s removal must align with constitutional processes. He stressed that the action appeared to be a premeditated attempt to undermine the democratic will of the people of Rivers State.

Human rights lawyer Maxwell Asiegbu called for the National Assembly to intervene, urging that the constitutional procedures for declaring a state of emergency must be followed. He pointed out that former President Jonathan’s declaration of an emergency in three northern states in 2013 did not involve the removal of state officials.

Meanwhile, Professor Chidi Odinkalu warned against further military involvement in internal political matters, accusing the President and Minister Wike of pushing the Niger Delta region toward a potential crisis.

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