Tinubu’s suspension of Fubara can be overturned – Yadudu

Renowned constitutional lawyer, Professor Auwalu Yadudu, has warned that while President Bola Ahmed Tinubu is empowered by the constitution to declare a state of emergency in Rivers State, the suspension of the state governor, his deputy, and the state assembly could be overturned by the courts as unconstitutional. Amid the ongoing political crisis in Rivers […]

Renowned constitutional lawyer, Professor Auwalu Yadudu, has warned that while President Bola Ahmed Tinubu is empowered by the constitution to declare a state of emergency in Rivers State, the suspension of the state governor, his deputy, and the state assembly could be overturned by the courts as unconstitutional.

Amid the ongoing political crisis in Rivers State, President Tinubu on Tuesday declared a state of emergency in the oil-rich state and suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and members of the state House of Assembly for six months.

However, in a chat with Daily Trust, Yadudu stated that if the president’s actions are challenged, they risk being overturned as unconstitutional by the courts.

Yadudu explained that under Section 305 of the Constitution, the president has the power to declare a state of emergency in the federation or any part of it under certain circumstances.

However, he noted that “both houses of the National Assembly must endorse this by a resolution adopted by two-thirds of all members within two days if in session, or 10 days if not.”

He added that while the 1999 Constitution borrowed and enshrined this principle, it does not specify what actions can be taken following 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 cited the Plateau State case, where both former Governor Joshua Dariye and Simon Lalong, then the speaker, challenged former President Olusegun Obasanjo’s actions when they were suspended. While Dariye did not pursue the case to its conclusion, opting for a political solution, Lalong’s case was decided by a court of competent jurisdiction.

“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.

Meanwhile, governors elected under the platform of the People’s Democratic Party (PDP) have vowed to challenge the suspension of their colleague in court.

Governor Fubara, in his reaction to the decision, said he would face it with “wisdom, patience, and unwavering faith in the democratic process.”