Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, has strongly criticized President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and the elected members of the State House of Assembly. He described the move as illegal, unconstitutional, and a blatant violation of democratic principles.

Falana emphasized that the President lacks the constitutional authority to dissolve democratic structures in any state, citing the 1999 Constitution of Nigeria (as amended). According to him, none of the 320 sections of the Constitution empower the President to remove an elected governor or state legislators, even in a state of emergency.

Falana acknowledged that Section 305 of the Constitution allows the President to take extraordinary measures in cases of severe breakdown of law and order. However, he stressed that these measures do not include the suspension or removal of elected officials. Instead, the Constitution provides clear procedures for the removal of a governor, which include:

  • Death
  • Ill health
  • Resignation
  • Impeachment

Even in cases where both the governor and deputy governor vacate office, Falana explained that the Speaker of the House of Assembly is to serve as acting governor for no more than three months, within which fresh elections must be conducted.

Falana further highlighted Section 11(4) of the Constitution, which states that if a State House of Assembly is unable to function, the National Assembly may take over its legislative duties. However, this provision expressly prohibits the National Assembly from removing a governor or deputy governor.

Falana recalled past instances where emergency rule was declared in Nigerian states and how different administrations handled such crises:

  1. 2004 & 2006 – Plateau and Ekiti States: President Olusegun Obasanjo imposed emergency rule and dissolved democratic structures, but the Supreme Court avoided ruling on the constitutionality of the decision due to procedural technicalities.
  2. 2013 – Adamawa, Borno & Yobe States: President Goodluck Jonathan resisted pressure to remove elected governors when emergency rule was declared.
  3. 2021 – Anambra State: The Buhari administration rejected calls to impose emergency rule, following legal advice that democratic structures should not be dismantled.

Falana also referenced a 2024 Supreme Court ruling in Attorney General of the Federation v. Attorney General of Abia State & Ors, which declared the removal of elected local government chairmen by state governors illegal. By extension, Falana argued, the President cannot unilaterally suspend an elected governor or lawmakers.

Falana urged President Tinubu to immediately reinstate Governor Fubara, his deputy, and the lawmakers, in line with constitutional provisions. He warned that endorsing such unconstitutional acts could set a dangerous precedent, undermining Nigeria’s democracy and rule of law.

He called on the National Assembly to uphold constitutional order by supporting the governor and invoking its powers under Section 11(4) to maintain legislative governance in Rivers State, rather than endorsing an illegal suspension.

Falana concluded by insisting that any extraordinary measures taken to restore peace and security in Rivers State must comply strictly with the Constitution, emphasizing that democracy must be preserved at all costs.

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