Renowned human rights lawyer, Femi Falana, SAN, has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, accusing him of implementing what he once vehemently opposed as governor of Lagos State. Falana described the move as unconstitutional and a contradiction of Tinubu’s past stance when former President Olusegun Obasanjo considered similar action in Lagos during the OPC crisis.
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Speaking during a webinar titled “Civilian Coup? Tinubu’s State of Emergency in Rivers,” over the weekend, Falana expressed shock that Tinubu, alongside the Minister of the Federal Capital Territory (FCT), Nyesom Wike—who had previously resisted such federal interference under former President Muhammadu Buhari—are now spearheading what they once opposed.
“I remember President Tinubu, as Lagos State governor, threatening that Lagosians would resist any state of emergency declaration by Obasanjo during the OPC crisis. Similarly, Wike was vocal in rejecting the use of federal might during the 2019 elections crisis in Rivers State. It is surprising that both men are now promoting what they fought against,” Falana stated.
Falana clarified that while Section 305 of the Nigerian Constitution empowers the president to declare a state of emergency, it does not grant him the authority to remove elected officials. He questioned the legal basis for Tinubu’s suspension of Governor Siminalayi Fubara and the Rivers State Assembly, citing a recent Supreme Court ruling that declared the sacking of local government chairmen by state governors illegal.
“It was the federal government that took this matter to court last year and won. The Supreme Court even ordered the Central Bank of Nigeria (CBN) and the Accountant General of the Federation to withhold allocations to states that fail to recognize their local government councils. If a governor cannot sack local government chairmen, where is the president getting the power to sack a state governor?” Falana queried.
He challenged legal professionals supporting the president’s action to identify the constitutional provision that empowers Tinubu to remove state executives. He further criticized the National Assembly for approving the suspension of Rivers State’s government through a mere voice vote, calling it a mockery of democracy.
Beyond politics, Falana also raised concerns about the deteriorating economic situation in Nigeria. He dismissed attempts to portray the economy in a positive light, stating that key indicators suggest a worsening crisis. He urged stakeholders to give economic issues the same level of attention as political matters, emphasizing the need for greater scrutiny of state and local government budgets.
The webinar, co-hosted by Nigerian-American professor and columnist Farooq Kperogi, was designed to examine the constitutionality of Tinubu’s declaration of emergency in Rivers State and its implications for Nigeria’s democracy. Kperogi stressed the importance of discussing such critical issues to safeguard democratic governance in the country.
Falana urged Nigerians to resist any attempts to undermine constitutional democracy, warning that allowing such unconstitutional actions to stand could set a dangerous precedent for the nation’s governance.
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