The declaration of a state of emergency in Rivers State and the subsequent six-month suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and the State Assembly has sparked constitutional debates, with lawyers insisting that the suspended officials cannot have their tenure extended after the emergency rule ends.
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Legal experts argue that while the Nigerian Constitution guarantees a four-year term for elected officials, the suspension does not justify adding lost time to their tenure.
Speaking on the issue, legal practitioner Femi Olajide maintained that the emergency rule imposed by President Bola Tinubu was unconstitutional and undermined democracy. He echoed the Nigerian Bar Association’s (NBA) position that removing elected officials under emergency rule is unlawful.
“That is why I fully support the NBA’s stance that suspending elected officials under the pretext of emergency rule is unconstitutional and unacceptable. Such actions set a dangerous precedent,” Olajide said.
He urged Governor Fubara to seek judicial interpretation of Section 180 (1 & 2) of the Constitution to determine whether the suspension affects his tenure. “Now that the deed has been done, he should challenge the legality of the President’s authority to shorten his term,” he added.
Similarly, Abuja-based lawyer Sunday Ojumu argued that the governor’s tenure had already been altered by the emergency declaration, but the only legal way to address the situation was through the courts.
“If the length of four years guaranteed by the constitution is to be maintained, Rivers State may have to conduct an off-season election. However, only a court ruling can determine if the lost six months should be restored,” Ojumu noted.
Beyond legal perspectives, political analysts have also weighed in on the debate. Prof. Sola Omotola, a former Deputy Vice-Chancellor of the Federal University Oye Ekiti (FUOYE), emphasized the need for a constitutional review to interpret the impact of emergency rule on elected officials’ tenure.
“I don’t believe the intent of the Constitution or the President’s decision was to extend tenure. If we want a proper interpretation of Section 180, we must also consider Section 305, which gives the President the power to declare a state of emergency,” Omotola stated.
Meanwhile, policy analyst Dr. Fyneface Dumnamene Fyneface insisted that neither Governor Fubara nor the state lawmakers should have their tenure extended.
“The six months of emergency rule should not be counted as part of their tenure. The political crisis leading to the emergency declaration was created by the suspended officials themselves, and they must bear the consequences,” Fyneface argued.
Similarly, former Osun State Assembly member Olatubosun Oyintiloye reaffirmed that the Constitution provides for only four years in office, starting from the day a governor takes the oath of office.
“The six months of suspension cannot be added back to the tenure. Any attempt to do so would be a gross violation of the 1999 Constitution,” Oyintiloye said.
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