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President Bola Tinubu’s declaration of a state of emergency in Rivers State has sparked widespread criticism.
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The declaration led to the removal of Governor Siminalayi Fubara, which legal experts describe as uncalled for and unwarranted.
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Senior lawyers argue that the President’s action is unconstitutional and that the Constitution does not give him the power to remove a duly elected governor.
President Bola Tinubu’s declaration of a state of emergency in Rivers State and the subsequent removal of Governor Siminalayi Fubara have been widely condemned by legal experts.
The senior lawyers argue that the President’s action is unconstitutional and that the Constitution does not give him the power to remove a duly elected governor.
“It is not every disagreement between politicians that will warrant a declaration of a state of emergency.
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“Democracy thrives on dialogue, and where conflicts arise, legal and constitutional mechanisms exist to resolve them,” said Senior Advocate of Nigeria (SAN) Ebun Olu-Adegboruwa.
Olu-Adegboruwa further questioned the President’s motives, suggesting that his involvement in the Rivers crisis from its inception raises concerns about bias. “It looks premeditated, like something that has been planned, it is improper to suspend people who were elected by the people,”he alleged.
Another SAN, Olu Daramola, described Tinubu’s declaration of a state of emergency in Rivers State as a “capricious exercise of power” and an act of bad faith.
“The President has no authority to remove or suspend an elected governor,” he stated. “This is a good example of capricious exercise of power. The President has not acted in good faith, and his action should be condemned.”
Mrs. Titilola Akinlawon (SAN) raised serious constitutional concerns over President Tinubu’s declaration of a state of emergency in Rivers State.
“The question is: Is any of those situations stated in Section 305(3) of the Constitution present in Rivers State before the proclamation of the state of emergency? I think not!” she stated.
Also, Prof. Damilola Olawuyi (SAN) explained that under the Nigerian Constitution and in international law, necessity could override the law in emergency situations.
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However, he noted that the removal of Governor Fubara was not justified. “While extraordinary measures may include military intervention, curfews, or emergency governance frameworks, they do not override the constitutional process for removing elected officials,” he said.
Babatunde Fashanu (SAN) stated that the removal of Governor Siminalayi Fubara by the President through suspension for six months is unconstitutional and illegal. “Section 305 of the Constitution only deals with the proclamation of a state of emergency which can be done with the Governor in place,” he said.
Wolemi Eso (SAN) noted that the Constitution does not give the President the power to remove a governor, even during a state of emergency. “The removal of a sitting governor is strictly governed by Section 188 of the Constitution, which provides that a governor may be removed only through impeachment by the State House of Assembly,” he explained.
Naira Gains Against Dollar in Parallel Market Amid CBN Reforms
The Nigerian naira posted decent gains against the American dollar on the parallel foreign exchange market during the mid-week trading session, amid ongoing improved market sentiments in Nigeria’s capital market.
Currency traders exchanged the naira at an average rate of N1,515 on Wednesday, up from N1,520/$ on Monday, representing a gain of N5 within a single day.
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