Femi Falana, a Senior Advocate of Nigeria, has denounced as unlawful and unconstitutional President Bola Tinubu’s six-month suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the state’s House of Assembly.CONTINUE FULL READING>>>>>
In a statement, Falana argued that the decision has no legal backing under any of the 320 sections of the 1999 Constitution. While acknowledging that Section 305 grants the President authority to impose emergency measures during crises, he insisted that these powers do not extend to removing elected officials or dissolving democratic structures.
Falana emphasized that under the Constitution, a governor’s office can only become vacant through death, resignation, impeachment, or health reasons. If a governor is removed, the deputy assumes office, and if both offices become vacant, the House Speaker serves as acting governor until a new election is held.
Citing past emergency declarations, Falana noted that previous administrations, including those of Goodluck Jonathan and Muhammadu Buhari, upheld constitutional processes without dissolving state governments. He referenced Supreme Court rulings that have declared such actions unconstitutional.
Falana urged the National Assembly not to approve the suspension and instead support Governor Fubara in restoring stability through legal means. He called on President Tinubu to reinstate the governor, his deputy, and the Assembly members, stressing that extraordinary measures must align with constitutional provisions..CONTINUE FULL READING>>>>>
