Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has strongly condemned President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the state’s House of Assembly.
Falana described the move as unconstitutional, stating that there is no legal basis for such action under any of the 320 sections of the 1999 Constitution of Nigeria, as amended.
In a statement released to the media, Falana acknowledged that Section 305 of the Constitution grants the President the power to take extraordinary measures in times of public disorder. However, he stressed that these measures do not include the removal of an elected governor, deputy governor, or the dissolution of democratic institutions.
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“The office of an elected governor can only become vacant through death, ill health, resignation, or impeachment. Even in cases of emergency, the Constitution does not grant the President the power to unilaterally suspend elected officials,” Falana argued.
Calls for Immediate Reinstatement
The legal expert urged President Tinubu to reverse the decision immediately and reinstate all affected officials, emphasizing that any action taken outside the constitutional framework is a violation of democratic principles.
Falana further cited historical precedents where past presidents, including Goodluck Jonathan and Muhammadu Buhari, upheld constitutionalism by refusing to dissolve elected structures during states of emergency. He warned against setting a dangerous precedent that could undermine Nigeria’s democracy.
National Assembly Urged to Resist Unconstitutional Actions
Falana also called on the National Assembly to resist endorsing the suspension and instead assist Governor Fubara in maintaining order through legal means, as stipulated in Section 11(4) of the Constitution.
“The President must follow the path of constitutionalism without delay. Any measures taken to restore order in Rivers State must strictly align with the provisions of the 1999 Constitution,” he stated.
Falana’s statement adds to growing concerns over the federal government’s handling of political crises in the country, with critics warning that such actions could threaten Nigeria’s democratic stability.
