Legal expert Femi Falana has declared President Bola Tinubu’s decision to suspend Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the Rivers State House of Assembly as illegal. According to Falana, the suspension cannot be justified under the provisions of Nigeria’s 1999 Constitution.
The decision to suspend the officials for six months, according to Falana, lacks constitutional backing. He emphasizes that, although Section 305 of the Constitution allows the President to take extraordinary measures to restore order in the event of a significant breakdown in public safety, such measures do not extend to the suspension of elected officials or the dissolution of democratic structures.
Constitutional Guidelines
Constitutionally, the office of an elected governor is vacated only due to:
- Death
- Resignation
- Ill health
- Impeachment
Furthermore, any inability of a House of Assembly to function does not justify dissolving democratic institutions within a state. In past instances, former administrations faced similar situations but refrained from dismantling democratic frameworks in line with constitutional provisions.
Falana’s Urge to Adhere to Constitutional Principles
Falana has urged President Tinubu to adhere to constitutional principles and reinstate the suspended officials in Rivers State, suggesting that any extraordinary measures needed should comply strictly with constitutional guidelines.
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