The only way Fubara’s suspension can be overturned –professor Yadudu

The recent declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu and the subsequent suspension of Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly have drawn criticism from different prominent persons, especially the renowned constitutional lawyer, Professor Auwalu Yadudu.

Yadudu cautions that although the President may proclaim a state of emergency under Section 305 of the Constitution, the courts may find that suspending elected officials is illegal and may even reverse it.

He did, however, note that the declaration must be approved by both houses of the National Assembly through a resolution backed by two-thirds of all members within two days if the assembly is in session, or within ten days if it is not. He further noted that while the 1999 Constitution adopted this principle, it does not clearly outline the specific actions that can follow such a declaration. He said: “Under a parliamentary system in the First Republic, an Act of Parliament provided what actions could follow after a declaration. Under present circumstances, there is no such Act, and the Act of the 1960s is inapplicable for being incompatible with a presidential system, which specifies fixed tenures for governors and houses of assembly and provides clear and unambiguous grounds under which such tenures can be terminated.”

Drawing precedence, Yadudu recalls a Plateau State case under former President Olusegun Obasanjo’s tenure, where identical actions were challenged and deemed unlawful. He stresses that since the constitution specifies the grounds and processes for removing elected officials, the authority to declare a state of emergency does not include the ability to suspend them.

The professor stressed that while Tinubu has the authority to declare a state of emergency, subject to approval by the National Assembly, this power does not extend to suspending a governor or members of the House of Assembly. He further stated that if challenged, these actions could be deemed unconstitutional and overturned by the courts.

The Nigerian Bar Association (NBA) also condemned the President’s actions, stating that the removal of elected officials under a state of emergency is an unconstitutional encroachment on democratic governance and the autonomy of state governments. Peter Obi also made a post on his X account condemning the action.