Tinubu’s Suspension Of Rivers Officials Unconstitutional – Edun

A Senior Advocate of Nigeria, Kunle Edun, has argued that President Bola Tinubu does not have the constitutional power to suspend Rivers State Governor Siminalayi Fubara and members of the state’s House of Assembly under Section 305 of the Nigerian Constitution.

In a statement released on Tuesday, Edun emphasized that while Section 305 provides the framework for declaring a state of emergency, it does not grant the President the authority to remove or suspend elected state officials.

Edun clarified that under Section 305(4) of the Constitution, only a state governor, with the support of a two-thirds majority of the state’s House of Assembly, can request the President to declare a state of emergency in any part of the state.

He further pointed out that the legal provision does not allow the President to directly remove or suspend state governors or legislative members.

“The President cannot simply remove or suspend a governor or state assembly members under the guise of an emergency,” Edun stated.

He insisted that the process of declaring an emergency must follow the Constitution’s specific guidelines, and it does not extend to unilateral actions against elected officials.

Edun also addressed claims that the state of Rivers had no functioning government, refuting President Tinubu’s assertion. He explained that the crisis in Rivers State had already been settled by the Supreme Court, and legislative activities in the House of Assembly had resumed.

The recent presentation of the 2025 budget by Governor Fubara further demonstrated that governance in the state was still operational.

“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.

Edun pointed to Section 11(4) of the Constitution, which provides for the National Assembly to step in if a state assembly is unable to perform its duties.

However, he stressed that even in such cases, the National Assembly’s intervention does not include the power to remove a governor, deputy governor, or state assembly members.

“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.

Edun condemned President Tinubu’s actions, describing them as a violation of his oath to uphold and defend the Constitution. He further stated that suspending a state assembly exceeds the powers vested in the President, and any intervention in state affairs must be aligned with constitutional provisions.

“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, reiterating the importance of adhering to constitutional guidelines when addressing state affairs.