Does Tinubu Has Constitutional Right To Suspend a Governor, Declare State of Emergency?

President Bola Tinubu declared a state of emergency in Rivers State, suspending the governor, deputy, and lawmakers, sparking legal and political controversy.

Experts argue the move exceeds his constitutional powers, igniting debates on executive authority in Nigeria.

On Tuesday, President Bola Tinubu declared a state of emergency in Rivers State amid a deepening political crisis.

VerseNews learnt that the crisis stems from a power struggle between Siminalayi Fubara, the state governor, and Nyesom Wike, his predecessor who now serves as the Minister of the Federal Capital Territory (FCT).

The rift has led to a split within the state House of Assembly, with lawmakers at odds with the governor.

Addressing the situation in a live broadcast, Tinubu announced the suspension of Fubara, Ngozi Odu, his deputy, and all members of the Rivers Assembly for an initial period of six months.

The president also appointed retired Vice Admiral Ibok-Ete Ibas as the administrator of Rivers State.

Does the President Have the Power to Declare an Emergency Rule?

Under Section 305 of the 1999 Constitution (as amended), the president can declare a state of emergency in Nigeria or any part of the country under specific conditions, including:

• War or imminent danger of war
• Breakdown of public order and safety to the extent that extraordinary measures are needed to restore peace
• Natural disasters or other calamities affecting a community or a section of the country
• Any other public danger that threatens the existence of the federation
• A formal request by the state governor

What Are the Procedures for Declaring an Emergency Rule?

First, the president must issue an official proclamation. Then, the National Assembly (Senate and House of Representatives) must approve the declaration within two days (if in session) or ten days (if not in session).

If approved, the state of emergency remains in effect for six months and can be extended if necessary.

According to Akin Rotimi, spokesperson for the House of Representatives, Tinubu consulted with the National Assembly leadership before making his announcement. The consultation included Senate President Godswill Akpabio, House Speaker Abbas Tajudeen, Deputy Speaker Benjamin Kalu, Senate Leader Opeyemi Bamidele, House of Representatives Leader Julius Ihonvbere, and National Security Adviser Nuhu Ribadu.

Is It Lawful for the President to Suspend a Governor and State Lawmakers?

Following the suspension of Fubara and his deputy, legal experts have raised concerns about whether the president has the constitutional authority to take such action.

Afam Osigwe, President of the Nigerian Bar Association (NBA), stated that the 1999 Constitution does not grant the president the power to remove an elected governor, deputy governor, or state legislators under a state of emergency.

“Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances,” Osigwe said.

“A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials — such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”

The NBA president added that “the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.”

In a post on X, human rights lawyer Inibehe Effiong also argued that Tinubu exceeded his constitutional powers by suspending the executive and legislative arms of the Rivers government.

Effiong recalled an earlier article on the subject, stating that under the current constitutional framework, an elected governor can only leave office through impeachment, resignation, permanent incapacitation, death, or expiration of tenure.

“Any attempt to remove an elected state governor under the guise of declaration of the so-called ‘full state of emergency’ will be unconstitutional,” he said.

“Though such action is supported by the precedent set in Plateau State during the Olusegun Obasanjo dispensation, it remains an illegality. We all know Obasanjo, with his military background, had an unenviable record of illegalities and disdain for democratic ethos and the rule of law during his despotic days in power.”

DON’T MISS: FULL TEXT: Tinubu Declares State Of Emergency, Suspends Fubara, Deputy

Effiong further argued that the phrase ‘sole administrator’ “is a constitutional aberration which cannot be found, not even impliedly, in any of the 320 sections of the 1999 Constitution.”

“It is a military terminology which cannot be imported into our current democratic dispensation by any stretch of interpretation. State of emergency is state of emergency and not state of the military,” Effiong said.

Another lawyer, Festus Ogun, described Tinubu’s action as a “rape of democracy.”

“People elected by electorates cannot be arbitrarily suspended by words of mouth under any guise whatsoever. The President has chosen the path of executive lawlessness,” Ogun stated.

Ogun also questioned the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the state’s administrator:

“Where does Tinubu derive this power from? What metrics did he use to appoint him? Did Rivers people appoint or elect Ibas? What part of the Constitution empowers Tinubu to appoint an ‘administrator’ to govern a state? This is arbitrariness taken too far. All democrats must immediately condemn and reject this travesty,” Ogun said.

Diekolola Daniels, another legal expert, also weighed in, stating that the Constitution does not expressly empower the president to suspend a governor.

“Where it has not been expressly stated, you cannot infer that power,” he explained.

“Look at when Goodluck Jonathan was going to declare a state of emergency for Adamawa, Yobe, and Borno states when he was president. Did he at any point suspend the governors of those states?”

“How can the person who did not appoint fire? Is the Governor a Minister to the President, upon which you have the right to fire, suspend, or do whatever you like with him? The Constitution puts sovereignty in the hands of the people (Section 14). When that sovereignty has been exercised by voting for elected officials, it is only the people who can recall those officials or, as stated in Section 188, the legislators who can impeach them.”

Conclusion

While the declaration of a state of emergency is constitutionally backed under certain conditions, legal experts argue that suspending a sitting governor, deputy governor, and lawmakers is beyond the president’s constitutional powers. The move has sparked a legal and political debate that could shape the interpretation of executive authority in Nigeria’s democratic framework.

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