The suspension of Governor Siminalayi Fubara of Rivers State, his Deputy, Mrs Ngozi Odu, and the State’s legislature by President Bola Tinubu has resulted in heavy criticism by Nigerians and the civil society.
This is as Huhuonline.com learnt late Tuesday that the suspended Governor is considering legal actions concerning the powers of the President to remove him.
Tinubu announced on Tuesday in a nationwide broadcast that the state will now be managed for six months by a former service chief, Ibok-Ete Ibas.
Shortly after his announcement, however, former Vice President Atiku Abubakar, described the President’s announcement as something done in bad faith.
“The declaration of a state of emergency in Rivers State reeks of political manipulation and outright bad faith.
“Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers. His blatant refusal or calculated negligence in preventing this escalation is nothing short of disgraceful.
“Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.
“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent,” Atiku who was candidate of the Peoples Democratic Party (PDP) in the 2023 election, said.
He said it qasy “an unforgivable failure that under Tinubu’s watch, “the Niger-Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua. Years of progress have been recklessly erased in pursuit of selfish political calculations.
“If federal infrastructure in Rivers has been compromised, the President bears full responsibility. Punishing the people of Rivers State just to serve the political gamesmanship between the governor and @officialABAT’s enablers in the federal government is nothing less than an assault on democracy and must be condemned in the strongest terms.”
FUBARA’S SUSPENSION ILLEGAL – EiE NIGERIA
EiE Nigeria, a civil society group, said the President’s action has further thrown up the extent of his powers concerning elected public officials.
“The President’s declaration of a State of Emergency in Rivers State raises critical legal and political questions. While the 1999 Constitution (Section 305) grants the President the power to declare a State of Emergency in cases of security threats, it does not explicitly authorize the removal of elected officials.
“We’ve seen this play out before. In 2004, President Obasanjo declared a State of Emergency in Plateau State, removing Governor Joshua Dariye and suspending democratic institutions. Tinubu, then Governor of Lagos, strongly opposed this move, calling it an abuse of federal power and a threat to democracy. Yet, today, he’s doing the exact same thing,” the group recalled.
According to EiE, some key issues with Tinubu’s move are:
– Failure of Mediation: The President did attempt to mediate, but rather than maintaining neutrality, he appeared to favor his ruling party, the APC. This further deepened political divisions instead of resolving them.
– Supreme Court’s Questionable Role: The past ruling on Plateau’s State of Emergency was controversial—the court dodged responsibility and ruled on matters not directly before it and here we are again.
– Rivers State Assembly members had defected, making their continued presence questionable. By backing them, Tinubu’s government has fueled the crisis.
It added that the recent pipeline explosions in Rivers are serious, “but did the President consult the Governor before acting? His statement suggests otherwise.
“A State of Emergency can be declared without removing elected officials. The Supreme Court dismissed Plateau’s case in 2006, leaving the question of legality unresolved, especially when you also consider that the constitution does not allow for the suspension of elected officials in such cases.
“If a State of Emergency is necessary for Rivers, what about the persistent security crises in the North? Why is this power being applied selectively?
“This sets a dangerous precedent for federal overreach. If unchecked, what stops future presidents from removing elected state governments under the guise of a State of Emergency.
President Bola Tinubu must explain how this aligns with his past stance on federalism. Is this truly about security—or a political maneuver?” The group asked.
Popular human rights lawyer, Inibehe Effiong, said President Tinubu does not have the constitutional authority or power to suspend the Governor of Rivers State and the members of the Rivers State House of Assembly.
“The emergency powers under the 1999 Constitution do not give such powers to the President,” Effiong said.
