KEY POINTS

• President Tinubu suspends Rivers state leaders amid political unrest.
• Legal experts argue the suspension lacks constitutional grounds.
• Debate grows over the validity of the state of emergency process.

Attorneys have taken issue with President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and the state legislature for six months after his live broadcast on Tuesday.

Tinubu suspends Rivers governor, deputy, and lawmakers for six months

Concerns regarding the emergency procedures in the oil-rich South-South state were also voiced by the attorneys.

“The decision was made to restore stability in the state, which has been rocked by political turmoil between the governor and state lawmakers,” Tinubu said in his countrywide address.

The president said, “By this declaration, all elected members of the House of Assembly of Rivers State, as well as the Governor of Rivers State, Mr. Siminalayi Fubara, and his deputy, Mrs. Ngozi Odu, are hereby suspended for an initial period of six months.” In order to supervise governance, Tinubu also named retired Vice Admiral Ibok-Ette Ibas as the administrator of the state.

“I thus designate Vice Admiral Ibok-Ette Ibas (retd.) as Administrator to oversee state business in the best interests of Rivers State’s decent citizens in the interim. To be clear, this proclamation has no bearing on Rivers State’s judiciary, which will continue to operate in line with its constitutional duty,” he continued.

“I sincerely hope that by making all the candidates aware of the constitutional requirements that apply to all political actors in Rivers State specifically and Nigeria generally, this unavoidable intervention will aid in the restoration of peace and order in Rivers State,” Tinubu stated.

Tinubu had a private conference with Inspector General of Police Kayode Egbetokun, Senate President Godswill Akpabio, and service chiefs prior to the broadcast.

Nonetheless, Tinubu’s activities have drawn criticism from certain attorneys. According to UK-based human rights attorney Morakinyo Olasupo, the president lacks the power to remove a governor who was elected legally. 

Human rights lawyer questions state of emergency process

According to Olasupo, the Supreme Court has decided that the House of Assembly must carry out impeachment, and the procedure specified in Section 188 of the 1999 Constitution must be followed. He also underlined that only in dire circumstances, like war or impending danger, can a state of emergency be proclaimed.

Olasupo blasted the state of emergency procedure, arguing that the National Assembly ought to authorize it via a formal document rather than only a presidential declaration.

According to Punch, Iris Attorneys LP principle partner Ridwan Oke disagreed with Olasupo and favored declaring a state of emergency because of the political turmoil in Rivers State.