Senior Advocate of Nigeria (SAN), Femi Falana, condemned the recent decision by 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, labeling the move as illegal.
In a statement made available to the press, Falana argued that the suspension cannot be justified under any provision of the 1999 Constitution, as amended.
He highlighted that while Section 305 of the Constitution grants the President the power to take extraordinary measures to restore public order in cases of a breakdown of public safety, these measures do not extend to suspending an elected Governor, Deputy Governor, or dissolving democratic structures.
“The extraordinary measures the President may adopt to restore peace do not include the suspension of an elected Governor or Deputy Governor, nor the dissolution of democratic structures,” Falana stated.
He emphasized that the Nigerian Constitution provides specific conditions under which a governor’s office may become vacant—such as death, ill-health, resignation, or impeachment and that in the event both the Governor and Deputy Governor’s offices are vacated, the Speaker of the State House of Assembly would temporarily assume the role of Acting Governor.
Additionally, a new election must be held within three months to elect a new governor.
Falana further argued that the dissolution of the Rivers State House of Assembly is unjustified.
He pointed to Section 11(4) of the Constitution, which allows the National Assembly to step in when a state House of Assembly is unable to function but does not grant the power to remove elected officials.
The Senior Advocate also referenced previous instances where similar actions were taken by past administrations, noting that such decisions had been condemned in 2004 and 2006 under President Olusegun Obasanjo’s rule.
In contrast, he praised former Presidents Goodluck Jonathan and Muhammadu Buhari for adhering to constitutional provisions when faced with similar challenges.
He cited recent legal precedents, including the 2024 Supreme Court ruling in “Attorney General of the Federation v. Attorney General of Abia State”, which declared the removal of elected officials and the appointment of sole administrators by state governors as unconstitutional.
Falana concluded that the suspension of elected officials in Rivers State is both illegal and unconstitutional.
In light of this, Falana called on President Tinubu to reverse the suspension and restore all democratic structures in the state, stressing that this should be done in strict compliance with the 1999 Constitution.
“This call is made without prejudice to the President’s responsibility to adopt extraordinary measures to restore law and order in Rivers State, but within the confines of the Constitution,” Falana concluded.
