Legal Expert Asserts Constitutional Violations in State of Emergency Declaration
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Kunle Edun, Senior Advocate of Nigeria (SAN), has strongly criticized President Bola Tinubu’s decision to suspend Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly. Edun argues that the President lacks the constitutional power to take such actions, emphasizing that Section 305 of the Nigerian Constitution does not empower the President to remove or suspend elected state officials.
Edun pointed out that while Section 305 provides for the declaration of a State of Emergency, it only allows for such a declaration in response to specific conditions outlined in the Constitution. According to Edun, the grounds cited by President Tinubu do not justify the suspension of elected officials in Rivers State. He highlighted that under Section 305(4), the Governor, with the support of two-thirds of the State House of Assembly, may request the President to declare a State of Emergency—not for the President to arbitrarily remove state officials.
The SAN also noted that the Supreme Court had already addressed the issues leading to the crisis in Rivers State, and that the State House of Assembly had resumed its functions. Governor Fubara was even at the Assembly to present the 2025 budget, refuting claims that the state lacked a functioning government. Edun further emphasized that the demolition of the Assembly complex should not have been grounds for declaring a lack of governance in the state.
Edun also referenced Section 11(4) of the Constitution, which allows the National Assembly to step in when a state legislature is unable to perform its functions. However, he pointed out that the National Assembly’s intervention does not extend to removing the Governor or Deputy Governor, underlining that the Constitution provides specific safeguards to prevent the arbitrary suspension of elected officials.
In conclusion, Edun accused President Tinubu of violating his oath to protect and defend the Constitution, asserting that the declaration of a State of Emergency in Rivers State was unconstitutional and a clear overreach of presidential powers. He reiterated that the National Assembly, not the President, holds the authority to intervene in legislative functions during a state of emergency.
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