By Kingston Magare
President Bola Tinubu’s suspension of Rivers State governor Siminalayi Fubara, deputy governor Ngozi Odu and the State House of Assembly has been described as an unconstitutional and reckless political hack.
President Tinubu on Tuesday citing break down of law and order declared a state of emergency in Rivers State and suspended governor Fubara, deputy Odu and the State House of Assembly for six months.
Weighing in on the development former Anambra State governor and Labour Party presidential candidate in the 2023 election Peter Obi and prominent human rights activist and lawyer Femi Falana SAN, argued that Tinubu over stretched his hand in tackling the crisis in Rivers, which he tacitly encouraged.
Writing on his X social media page Wednesday Obi stated: “The unilateral decision of President Bola Tinubu to remove Governor Siminalayi Fubara of Rivers State from office is not only unconstitutional but also reckless.
“It has plunged us back into a state of lawlessness, hugely undoing the progress we have made in these 26 years of democratic journey.
“By disregarding the rule of law, the President has shown a dangerous willingness to trample on democracy.”
“The declaration of a state of emergency in Rivers State is not just reckless—it is a clear attempt to return us to a state of nature and tighten its grip on power at all costs.
“It is a degrading back door imposition of martial rule on a strategic part of the federation with all the implied negatives .
“The political situation on the ground in Rivers does not justify such an extreme measure, and it is also a biased interpretation of section 305(1) of the 1999 constitution.
“A state of emergency does not mean an elected Governor can be removed unilaterally. This decision does not align with democratic norms or good governance. Instead, it appears to be a predetermined action serving specific interests rather than the collective good of the people of Rivers State and Nigeria.”
Mr. Falana described the suspension of Fubara as a violation of the constitution: “The decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security or there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.
“But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”
