All eyes would be on what the National Assembly would do on Wednesday following the declaration of a state of emergency in Rivers State and the removal of a democratically elected governor in the state.
The president said he would communicate his decision to the National Assembly officially regarding his action in Rivers on Wednesday during his national broadcast on Tuesday.
Already, Nigerians, especially constitutional lawyers, have been unanimous in their condemnation of removing a sitting governor, calling it a constitutional breach to achieve overt political gain ahead of 2027.
They are urging the National Assembly, especially the Senate, to reject the removal of Sim Fubara, arguing the president lacks the power to unseat a sitting governor.
According to Barr E. B. Osarenkhoe, the suspension raises serious constitutional concerns, declaring the president lacks the power to make such a declaration.
“The President of Nigeria lacks the constitutional authority to suspend or remove an elected governor under any circumstance, including during a state of emergency,” he said, citing key Supreme Court decisions.
He said the Supreme Court, in its judgments on the Plateau and Ekiti State crises (2004 & 2006), has reaffirmed this position. While Section 305 of the Constitution empowers the President to declare a state of emergency, it does not grant the power to unilaterally remove or suspend a governor.”
The governor he says remains in office and continues to perform constitutional duties unless removed by lawful means, which “are impeachment (Section 188), resignation (Section 306), incapacitation (Section 189), death or dies while in office, is convicted of a serious criminal offence or is found to have forged qualifications or provided false information during elections.”
He agrees that the president, going by Section 305, can declare a state of emergency in a state if there is war, insurrection, civil unrest, a natural disaster or a public health emergency, and a situation where the government of the state cannot function.
He stressed that a state of emergency does not remove the governor from office. “The state assembly may be suspended, but the governor remains the chief executive of the state.”
He said there are far-reaching legal consequences for what the president did, which he said include constitutional violation, setting a dangerous precedent for executive overreach, undermining democratic principles and state autonomy.”
The Nigerian Bar Association (NBA) also rejected the declaration of a state of emergency in a swift statement by its President, Mazi Afam Osigwe, SAN.
The NBA says the action has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.
The association notes that Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency; the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.
It also states that the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.
It then declared that “the purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” citing a plethora of sections to support the group’s position.
In light of the development, the NBA calls on “the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials.”
Also, lawyer and human rights activist, Deji Adeyanju of Adeyanju and Partners, rejects the governor’s removal, saying the president lacks the power to remove a sitting governor.
“The president does not have the power to remove a sitting governor under a democracy. He was also elected by the people like the president.”
He urges the “National Assembly to reject the president’s action and restore the governor to his seat.”
The Obidient Movement, in a statement by its Director of Communications, Nana Kazaure, piles on the pressure on the “National Assembly to exercise its powers under Section 305(2) of the Constitution to revoke this unlawful state of emergency.
“The Nigerian Parliament has a duty to protect our democracy from anti-democratic forces by ensuring this unconstitutional act is reversed,” it states.
As the National Assembly holds its sitting on Wednesday, all eyes would be glued if the lawmakers would honour the thinking of the public or toe the president’s line of action and stamp what has been declared as unconstitutional action.
Rivers State Emergency: All Eyes On National Assembly is first published on The Whistler Newspaper
Source: The Whistler
