Following President Bola Tinubu’s declaration of a state of emergency in Rivers State and the removal of Governor Siminalayi Fubara, senior lawyers across the country have criticized the move, describing it as unconstitutional and an abuse of power.
Senior Advocate of Nigeria (SAN) Ebun Olu-Adegboruwa condemned the decision, stating that democratic institutions exist to resolve political conflicts. He argued that similar crises in other states had not led to such drastic measures, raising concerns about the President’s motives.
Another senior lawyer, Olu Daramola (SAN), described the action as a “capricious exercise of power,” emphasizing that while the Constitution allows the President to declare a state of emergency in certain circumstances, it does not grant him the authority to remove a sitting governor. He further accused Tinubu of being an interested party in the ongoing crisis, pointing to the role of Federal Capital Territory Minister Nyesom Wike in the political unrest.
Titilola Akinlawon (SAN) also raised constitutional concerns, arguing that the conditions outlined in Section 305 of the 1999 Constitution for declaring a state of emergency were not met. She warned that the decision could be challenged in court if not approved by a two-thirds majority of the National Assembly.
Ken Ahia (SAN) questioned the legality of suspending an elected governor, noting that even if a state of emergency were declared at the federal level, it would not justify removing the President or the National Assembly. He suggested that the security challenges in the northern states required more urgent attention than the situation in Rivers.
However, Professor Damilola Olawuyi (SAN) stated that under exceptional circumstances, emergency measures could be justified to restore peace and order. While citing international examples, he cautioned that such actions should not be used for political advantage or extended indefinitely.
Wolemi Eso (SAN) stressed that Section 305 permits emergency measures but does not allow for the removal of elected officials, which is governed by Section 188 of the Constitution. He explained that even if the National Assembly assumed legislative powers over Rivers State, it would not have the authority to remove the governor.
Babatunde Fashanu (SAN) described Governor Fubara’s removal as unconstitutional, asserting that Section 305 only permits emergency declarations but does not override the constitutional provisions that govern a governor’s tenure and removal. He accused the President of interfering in a political dispute through unlawful means.
The widespread condemnation from legal experts highlights concerns that President Tinubu’s actions could set a dangerous precedent for Nigeria’s democracy.
