Senior Advocate of Nigeria, Femi Falana, has described as illegal the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months.
In a statement made available to the media, Falana said the President’s decision cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
While acknowledging that Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if there is an actual breakdown of public order and public safety, Falana argued that such measures do not include suspending an elected Governor, an elected Deputy Governor, or dissolving other democratic structures.
He, therefore, called on the President to adhere to constitutional provisions and immediately reinstate Governor Fubara, Deputy Governor Odu, and all democratic structures in Rivers State.
“This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended,” Falana stated.
Illegality of Dissolution of Elected Democratic Structures in Nigeria
Falana emphasized that the President’s action contradicts the Constitution, which only allows an elected Governor to leave office through death, ill health, resignation, or impeachment. He cited Section 45(3) of the Constitution, which defines a “period of emergency” as a time when a state of emergency has been officially declared under Section 305.
He further pointed out that even if a Governor’s office becomes vacant, the Deputy Governor must assume office, and in cases where both the Governor and Deputy Governor vacate their positions, the Speaker of the State House of Assembly must act as Governor for a maximum of three months before a new election is conducted.
Falana referenced Section 11(4) of the Constitution, which allows the National Assembly to enact laws to ensure governance in states where the House of Assembly is unable to function. However, he stressed that this provision does not grant the National Assembly the power to remove a Governor or Deputy Governor.
Citing historical precedents, he noted that past Presidents, including Olusegun Obasanjo, Goodluck Jonathan, and Muhammadu Buhari, had been advised against dissolving democratic structures during emergency declarations and had adhered to constitutional processes.
He also referenced the Supreme Court’s ruling in Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC), which deemed the removal of elected local government officials illegal, reinforcing that suspending a Governor or State Assembly members is unconstitutional.
Falana urged the National Assembly not to approve the suspension of Rivers State legislators who have not defected from their party. Instead, he called on lawmakers to use their constitutional powers to support Governor Fubara in maintaining order.
Reiterating his stance, Falana called on President Tinubu to immediately reverse the suspension, stating that governance in Rivers State must continue within the framework of the Constitution.
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