Anderson Cooper Speaks: The Legal Debate Around Tinubu's Cabinet Reshuffle And State Of Emergency In Rivers State

Senior Advocate Kunle Edun Takes a Stand Against President Tinubu's Moves

Let me tell you something interesting that’s happening in Nigeria right now. A prominent legal figure, Senior Advocate of Nigeria (SAN), Kunle Edun, has come forward to challenge the actions of President Bola Tinubu. He’s arguing that the president doesn’t have the constitutional authority to suspend Governor Siminalayi Fubara of Rivers State or the members of the state’s House of Assembly under Section 305 of the Nigerian Constitution. This is a big deal because it touches on the limits of presidential power and the importance of adhering to the Constitution in governing the country.

Now, here’s the deal: Edun made a clear statement on Tuesday, emphasizing that Section 305, which outlines the process for declaring a state of emergency, doesn’t give the president the power to remove or suspend elected state officials. This is crucial because it means the president can’t just step in and start making changes without following the proper legal procedures. It’s all about balance and ensuring that no one abuses their power.

Section 305 of the Constitution: What It Really Says

Edun went on to clarify that under Section 305(4) of the Constitution, the process for declaring a state of emergency requires the governor of the state, with the support of at least two-thirds of the state’s House of Assembly, to request the president to declare an emergency. This means the president doesn’t have the unilateral authority to declare an emergency and start removing officials. It’s a collaborative effort that involves the state government and the federal government working together.

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He also pointed out that the Constitution doesn’t give the president the power to directly remove or suspend state governors or legislative members. This is important because it reinforces the idea that the president’s role is to uphold the Constitution, not to act outside of it. It’s a reminder that even leaders need to play by the rules, and there are checks and balances in place to prevent abuse of power.

“The President cannot simply remove or suspend a governor or state assembly members under the guise of an emergency,” Edun stated firmly. He stressed that the process of declaring an emergency must strictly follow the Constitution’s guidelines and doesn’t extend to taking unilateral actions against elected officials. This is a powerful statement that highlights the importance of respecting the rule of law in governance.

Debunking the "No Functioning Government" Claim

Now, here’s where things get even more interesting. Edun addressed claims that Rivers State had no functioning government, a claim made by President Tinubu. He argued that this assertion is simply not true. In fact, the crisis in Rivers State had already been resolved by the Supreme Court, and legislative activities in the House of Assembly had resumed. This means that the state government is still operational, contrary to what some might claim.

The recent presentation of the 2025 budget by Governor Fubara further demonstrates that governance in the state is still functioning. “The presentation of the budget by Governor Fubara indicates that the state government is functioning. The claim that there is no working government in Rivers is not accurate,” Edun added. This is a strong rebuttal to the idea that the state is in disarray and needs federal intervention.

Edun also highlighted Section 11(4) of the Constitution, which allows the National Assembly to step in if a state assembly is unable to perform its duties. However, he emphasized that even in such cases, the National Assembly’s intervention doesn’t include the power to remove a governor, deputy governor, or state assembly members. This is a clear reminder that the Constitution has specific limits on federal intervention in state affairs.

“The proviso to Section 11(4) is clear: the National Assembly’s intervention does not grant the power to remove elected state officials,” Edun noted. This is a crucial point because it shows that the Constitution is designed to protect the autonomy of state governments while allowing for federal assistance when necessary.

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Edun's Final Thoughts: Upholding the Constitution

Edun strongly condemned President Tinubu’s actions, describing them as a violation of his oath to uphold and defend the Constitution. He argued that suspending a state assembly exceeds the powers vested in the president, and any intervention in state affairs must be aligned with constitutional provisions. This is a powerful reminder that even the president is bound by the law and can’t act outside of it.

“The Constitution ensures that no state is left without a legislature. Any action that undermines this principle violates the very fabric of our democracy,” Edun concluded. This statement emphasizes the importance of adhering to constitutional guidelines when addressing state affairs. It’s a call to action for all leaders to respect the rule of law and work within the framework of the Constitution to ensure a stable and democratic society.