Lawyers have faulted the six-month suspension of Rivers State Governor, Siminalayi Fubara, his deputy, Ngozi Odu, and the state lawmakers by President Bola Tinubu in a live broadcast on Tuesday.
The legal practitioners also disagreed on the state of emergency processes in the oil-rich South-South state.
Tinubu, in a nationwide broadcast, said his decision was taken to restore stability in the state that has been witnessing political turmoil as a result of the disagreement between the state governor and the state lawmakers.
“By this declaration, 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,” the President declared.
The president appointed retired Vice Admiral Ibok-Ette Ibas as the state’s administrator to oversee governance.
“In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (retd.) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate,” he said.
Citing Section 305 of the 1999 Constitution, Tinubu said the emergency measure was necessary to restore peace.
He added that the proclamation had been published in the Federal Gazette and forwarded to the National Assembly.
Tinubu added, “This declaration has been published in the Federal Gazette, a copy of which has been forwarded to the National Assembly in accordance with the Constitution.
“It is my fervent hope that this inevitable intervention will help to restore peace and order in Rivers State by awakening all the contenders to the constitutional imperatives binding on all political players in Rivers State in particular and Nigeria as a whole.”
Before the broadcast, Tinubu met with the Senate President, Godswill Akpabio; the service chiefs and the Inspector General of Police, Kayode Egbetokun, in a closed-door meeting.
However, some lawyers have faulted Tinubu’s position on the matter.
A human rights lawyer practising in the United Kingdom, Morakinyo Olasupo, said a President does not have the power to suspend a democratically elected governor of a state, and that the suspension or impeachment of governors can only come from the state House of Assembly and the court.
He said, “The President cannot suspend a governor who is democratically elected. Governors are elected officials with a constitutional mandate, and their removal or suspension must always follow due legal processes.
“Some of the processes are impeachment by the state House of Assembly, and the procedure for impeachment is clearly stated in Section 188 of the 1999 Constitution of the country (as amended).
“Also, the Supreme Court has made it clear in the case of Inakoju vs Adeleke that impeachment of the governor by the state House of Assembly must be carried out as contained in Section 188. Another way is by court order. In the case of the election petition, if the governor’s election is contested in court, the judiciary can nullify or remove the governor.
“Another is that in the case of death or incapacitation, the governor can be removed. Incapacitation is in line with impeachment. The fourth one is that under Section 305, the President can declare a state of emergency in a state, but this does not mean that he can automatically suspend or remove the governor.
“The Pesident cannot just wake up and declare a state of emergency unless there is war or imminent danger of war that can affect Nigeria, where there is a breakdown of law and order to the extent that it requires extraordinary measures and security, breakdown of law and order in the state or public danger, disaster and pandemic threatening the existence of Nigeria.”
Faulting the state of emergency processes, Olasupo said the declaration is subject to the approval of the National Assembly, adding that the declaration cannot be done by a mere press release or broadcast done by Tinubu but by “an instrument” (a legal document).
“After the President has prepared the instrument, he will send it to the National Assembly for deliberation and approval. Once the instrument is signed by the Assembly, the President can then proceed to declare the state of emergency. The declaration cannot hold water,” he added.
In his remark, the Principal Partner, Iris Attorneys LP, Ridwan Oke, disagreed with the position of Olasupo about the processes, adding that the President has done the right thing by declaring a state of emergency because of the heightened political crisis in the state.
But Oke noted that the suspension of Fubara, his deputy, and the state lawmakers lacks merit and is unconstitutional.
He said, “The 1963 Constitution provides for the suspension of a sitting governor, not the 1999 Constitution (as amended). The President cannot suspend the governor, deputy governor, and state House of Assembly lawmakers.
“In accordance with Section 305 of the 1999 Constitution, the state of emergency can only be declared in a state when there is war, political unrest, breakdown of law and order, or there is imminent breakdown of law and order or when the governor of a state backed by two-third majority of the house requests for it. The governor has refused to request it, so the President can declare a limited time, which is not stipulated in the Constitution.
“Rivers’ political crisis and today’s explosions are tenable grounds for declaring a state of emergency. He will now send the proclamation (gazette) to the National Assembly for approval and deliberation.”
