Tinubu’s Suspension of Rivers Governor Fubara Unconstitutional, Says Lawyer, Calls It ‘Illegal, Cowardly, and Dangerous’
Human rights lawyer Tope Temokun has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara, describing the move as unconstitutional, illegal, and politically motivated. Temokun argued that while Section 305 of the 1999 Constitution empowers the President to declare a state of emergency, it does not grant him the authority to remove a democratically elected governor.
In a statement on Wednesday, Temokun cited Section 188 of the Constitution, which outlines the legal process for removing a governor, including impeachment by the State House of Assembly. He accused Tinubu of overreaching his powers and undermining democratic principles.
“The declaration of a state of emergency may involve deploying troops to maintain law and order, restricting movement or gatherings, and suspending certain laws or regulations. However, the removal of an elected governor is a hasty, cowardly move taken not to safeguard any security or governance but to hijack the state apparatus by proxy and stage a win by default for the president’s minister, Nyesom Wike,” Temokun stated.
Criticism of Political Bias
Temokun accused Tinubu of political bias, pointing out that other regions of Nigeria, such as the South East and parts of the North, have been grappling with severe violence and insecurity for months without decisive federal action.
“The entire South East and some parts of the North have been under siege for several months now and sacked by gunmen, but the president is powerless to deal with the situation. Now, a state of emergency needs to be declared in Rivers to wrestle the state powers from Fubara. This is not defensible,” Temokun argued.
He warned that dissolving the democratic structures of Rivers State and imposing military control sets a dangerous precedent for Nigeria’s democracy. “Sacking the entire democratic structures of Rivers State, including the State House of Assembly, and bringing the State under military government is a dangerous step and smacks of weakness and cowardice!” Temokun added.
Widespread Criticism of Tinubu’s Decision
Temokun’s remarks reflect growing criticism from opposition figures, civil society groups, and legal experts over Tinubu’s handling of the Rivers State crisis. Many have accused the President of using executive powers to strengthen political control rather than address genuine security challenges.
Similarly, human rights lawyer Inibehe Effiong condemned Tinubu’s actions, stating that the President has no constitutional authority to suspend a governor. “President Tinubu has no constitutional authority or power to suspend the Governor of Rivers State and the members of the Rivers State House of Assembly,” Effiong said in a post on his X handle. “The emergency powers under the 1999 Constitution do not give such powers to the President.”
Background of the Crisis
The political crisis in Rivers State began shortly after Fubara assumed office in May 2023, following the decisive support of his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory (FCT). However, tensions arose when Fubara began asserting independence from Wike’s political influence.
The rift deepened in October 2023 when pro-Wike lawmakers in the Rivers State House of Assembly initiated impeachment proceedings against Fubara. In response, Fubara attempted to dissolve the assembly, leading to physical confrontations and the burning of the state assembly complex.
In December 2023, 27 lawmakers loyal to Wike defected from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC), further weakening Fubara’s control over the legislative arm of the state government.
Tinubu’s Justification for Emergency Rule
In his nationwide address announcing the emergency declaration, Tinubu cited escalating political tensions, the destruction of the Rivers State House of Assembly complex, and reports of vandalism of oil pipelines as reasons for the decision. He invoked Section 305 of the 1999 Constitution to suspend Fubara, his deputy, Ngozi Odu, and all members of the state House of Assembly for an initial period of six months.
“Based on Section 305 of the Constitution of the country, the Governor of Rivers State, Mr. Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months,” Tinubu declared.
The President appointed retired Vice Admiral Ibokette Ibas as the Administrator of Rivers State to oversee governance during the emergency period.
Political Fallout
Tinubu’s decision has sparked immediate backlash from opposition figures and human rights activists. Critics argue that suspending a democratically elected governor and the state legislature is unconstitutional and politically motivated, aimed at strengthening Wike’s influence in the state.
Prominent figures like former Vice President Atiku Abubakar and human rights activist Omoyele Sowore have condemned the move, describing it as an attack on democracy and a dangerous precedent for Nigeria’s political stability.
Implications for Nigeria’s Democracy
The suspension of Governor Fubara and the dissolution of the Rivers State House of Assembly have raised concerns about the erosion of democratic governance in Nigeria. Critics warn that the federal government’s intervention sets a dangerous precedent for the arbitrary removal of elected officials and undermines the principles of federalism.
As the situation unfolds, stakeholders are calling for a peaceful resolution to the crisis and urging the federal government to prioritize dialogue over force. The outcome of this political standoff will have far-reaching implications for Nigeria’s democracy and the balance of power between federal and state governments.
