Falana Slams Presidency Over Suspension Of Rivers State Officials

Renowned Lawyer Femi Falana Challenges President Tinubu's Decision

Naija News brings you the story as Femi Falana (SAN), one of Nigeria's most respected legal minds, takes a firm stance against President Bola Tinubu's recent decision. The President suspended Rivers State Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the state's House of Assembly. Falana doesn't mince words, calling the move unconstitutional and questioning its legal backing under Nigeria's 1999 Constitution (as amended).

In a detailed statement released to the media, Falana argued that while Section 305 of the Constitution gives the President the power to step in during public disorder, it doesn't extend to suspending elected officials or dismantling democratic institutions. He emphasized that extraordinary measures must respect the rule of law and the democratic principles that hold the nation together.

Addressing the heart of the issue, Falana stated, “The decision by President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is not justifiable under the Constitution of the Federal Republic of Nigeria, 1999 as amended. This is a clear violation of the principles that define our democracy.”

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He went on to clarify that while the President has the authority to intervene in crises, such actions must strictly adhere to the law. “Section 305 allows the declaration of a state of emergency but does not permit the suspension of elected leaders or the dissolution of democratic structures. The President must act within the bounds of the Constitution at all times.”

Why Falana Believes the Decision is Unconstitutional

Falana reinforced his argument by referencing Section 45(3) of the Constitution, which defines a “period of emergency” as one declared under Section 305. He explained that any executive action taken outside this framework is legally baseless and undermines the nation's democratic foundation.

Expanding on this point, Falana said, “The Constitution explicitly outlines the conditions under which an elected governor's office can become vacant—death, ill health, resignation, or impeachment. Even in cases where the governor's office becomes vacant, the deputy governor is sworn in as governor. If both positions are vacant, the Speaker of the State House of Assembly becomes the Acting Governor for a maximum of three months, during which fresh elections must be held.”

He added, “The Constitution anticipates situations where a House of Assembly might be unable to function. Section 11(4) provides that the National Assembly can step in to make laws for the peace, order, and good governance of the state until the House of Assembly can resume its functions. This provision ensures continuity without dismantling democratic structures.”

Urgent Call for Reinstatement

Falana implored President Tinubu to uphold constitutional governance and reinstate the suspended officials immediately. “We urge President Bola Tinubu to embrace constitutionalism without delay. The President should reinstate Governor Fubara, Deputy Governor Odu, and restore all democratic structures in Rivers State. Upholding the rule of law is essential to preserving Nigeria's democracy.”

He warned that compromising democratic principles for the sake of law and order could set a dangerous precedent. “While maintaining law and order is critical, it cannot come at the expense of our democratic values. We must protect the integrity of our Constitution and the institutions it upholds.”

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Full Statement by Femi Falana

“ILLEGALITY OF DISSOLUTION OF ELECTED DEMOCRATIC STRUCTURES IN NIGERIA

“The decision by President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal. It cannot be justified under any provision of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

“Section 305 of the Constitution does empower the President to take extraordinary measures to restore law and order if there is a breakdown of public safety or a clear and present danger requiring such actions. However, these measures do not include the suspension of elected governors, deputy governors, or the dissolution of democratic structures. Section 45(3) of the Constitution defines a ‘period of emergency’ as any period during which a Proclamation of a state of emergency is in force under Section 305.

“The Constitution outlines specific circumstances under which an elected governor's office can become vacant—death, ill health, resignation, or impeachment. In such cases, the deputy governor assumes the role. If both positions are vacant, the Speaker of the State House of Assembly becomes the Acting Governor for up to three months, during which fresh elections must be conducted.

“The Constitution also addresses scenarios where a State House of Assembly might not function properly. Section 11(4) states that the National Assembly can step in to make laws for the peace, order, and good governance of the state until the House of Assembly can resume its functions. This ensures continuity without dismantling democratic structures.

“Historically, we have seen similar situations in the past. In 2004 and 2006, we opposed the dissolution of democratic structures when President Olusegun Obasanjo declared emergency rules in Plateau and Ekiti States, respectively. Unfortunately, the Supreme Court did not rule on the legality of these actions due to procedural issues. However, in 2013, when a state of emergency was declared in Adamawa, Borno, and Yobe States, President Goodluck Jonathan adhered to constitutional principles. Similarly, in 2021, President Muhammadu Buhari followed the path of constitutionalism when considering declaring a state of emergency in Anambra State.

“Legal precedents further support this position. In cases like Adegbenro vs. Attorney-General of the Federation (1962) and F.R.A. Williams v Dr. M.A. Majekodunmi (1962), the Supreme Court upheld the Emergency Powers Act 1961, which allowed for the suspension of democratic structures and fundamental rights in specific regions. However, under the current constitutional framework, no such equivalent exists, making the suspension of an elected governor by an elected president a constitutional anomaly.

“In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024), the Supreme Court ruled that the removal of elected chairmen and councilors, as well as the appointment of sole administrators or caretaker committees by state governors, is illegal and unconstitutional. By extension, the suspension of elected governors and members of the House of Assembly by the President is equally unconstitutional.

“It is important to note that neither serving nor retired military officers can be imposed as Sole Administrators to govern any state in Nigeria. Similarly, during a war, a military officer cannot be appointed by the National Assembly to govern the Nigerian people. The National Assembly should assist Governor Fubara by invoking its powers under Section 11(4) to make laws for the peace, order, and good governance of Rivers State.

“Therefore, we call on President Bola Tinubu to follow the path of constitutionalism without delay. He should reinstate the suspended Governor Fubara, Deputy Governor Odu, and restore all democratic structures in Rivers State. This call is made with full respect for the President's duty to restore law and order in Rivers State, but it must be done in strict compliance with the provisions of the 1999 Constitution.