A prominent constitutional attorney, Professor Auwalu Yadudu, has cautioned that although President Bola Ahmed Tinubu possesses the constitutional authority to declare a state of emergency in Rivers State, the suspension of the state governor, his deputy, and the state assembly may be deemed unconstitutional and potentially reversed by the courts.
Naija News reports that in light of the current political turmoil in Rivers State, President Tinubu announced a state of emergency on Tuesday, resulting in the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the members of the state House of Assembly for a duration of six months.
In an interview with Daily Trust on Wednesday, Yadudu remarked that should the president’s decisions be legally contested, there is a significant possibility that they could be invalidated by the judiciary on constitutional grounds.
Yadudu elaborated that according to Section 305 of the Constitution, the president is authorized to declare a state of emergency in the federation or any of its regions under specific conditions.
However, he emphasized that “both chambers of the National Assembly must ratify this through a resolution passed by two-thirds of all members within two days if in session, or within ten days if not in session.”
He further noted that while the 1999 Constitution incorporates this principle, it does not delineate the specific actions that may follow such a declaration.
“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,” Yadudu said.
He brought up the Plateau State case, in which former Speaker Simon Lalong and former Governor Joshua Dariye contested the conduct of former President Olusegun Obasanjo after they were suspended.
Naija News recalls that a court of competent jurisdiction decided Lalong’s case, but Dariye chose a political solution rather than pursuing the issue all the way to the end.
“The court declared that Obasanjo lacked the power to remove or suspend a governor or house of assembly other than on grounds prescribed under the constitution. It should be noted that by the time the verdict came, the six-month period had elapsed, and both Dariye and House members had been reinstated,” Yadudu recalled.
The professor emphasised that “clearly, therefore, in my view, although Tinubu possesses the power to declare a state of emergency—which may be effective if approved by the National Assembly—such power does not entitle him to suspend a governor or members of the House of Assembly.”
“It is my considered view that if his actions are challenged, they risk being overturned as unconstitutional by the courts,” he added.
