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Tag: Tinubu

  • Fubara: No law allows the president to suspend a governor – Falz

    Fubara: No law allows the president to suspend a governor – Falz

    Rapper and lawyer Falz has criticised President Bola Tinubu’s decision to suspend Rivers Governor Siminalayi Fubara and declare a state of emergency in the area.

    On Tuesday night, Tinubu appointed Vice Admiral Ibok-Ete Ibas as the administrator to oversee the state’s affairs and suspended Fubara, his deputy, and all elected members of the Rivers state house of assembly for six months.

    Tinubu’s action followed a prolonged political crisis in the state. The president also cited “constitutional violations” by Fubara, including the “collapse” of the legislative arm of government.

    In an X post, the ‘Soft Work’ hitmaker questioned the justification for the state of emergency, asking if Rivers is “at war” or “threatening the existence of the federation”.

    The lawyer also shared screenshots of the constitution, highlighting provisions for declaring a state of emergency.

    “Rivers State, there is absolutely no law that allows a president to suspend a governor. A governor is elected into office and may only be removed by impeachment,” he wrote.

    “Also, is Rivers state at war? Is there ‘actual breakdown of public order’? Is there a threat to the existence of the federation?”

  • [PHOTO] Tinubu swears in Ibok-ete Ibas as Rivers sole administrator

    [PHOTO] Tinubu swears in Ibok-ete Ibas as Rivers sole administrator

    President Bola Tinubu has sworn in Vice Admiral Ibok-ete Ibas (rtd.) as the Sole Administrator of Rivers State. 

    The administrator was sworn in following a short meeting with the president on Wednesday afternoon.

    Tinubu announced the appointment of the retired naval chief at a nationwide broadcast on Tuesday, when he declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu; and the Rivers State House of Assembly members.

    Tinubu hinged his decision on Section 305 of the 1999 Constitution, saying he can’t continue to watch the political situation in Rivers escalate without taking any action.

    The suspension of Fubara and other democratically elected representatives has been expressly rejected and condemned by many eminent Nigerians, legal luminaries, groups including Atiku Abubakar, Peter Obi, Femi Falana, the Labour Party (LP), the Peoples Democratic Party (PDP), the Nigerian Bar Association, among others.

    However, the emergency rule has been praised by the pro-Nyesom Wike Assembly led by Martins Amaewhule, accusing Fubara of contravening the Supreme Court ruling on the political situation in the state.

    Ibas was the Chief of Naval Staff from 2015 to 2021. He was born in Cross River where he is from and had his early education there.

    The new sole administrator went to the Nigerian Defence Academy in 1979 from where he proceeded to have a successful career in the Navy, rising through the ranks to the very top.

    He is a member of the Nigerian Institute of International Affairs (NIIA) and the Nigerian Institute of Management.

    President Muhammadu Buhari who appointed him as Chief of Naval Staff conferred him with the National Honour of Commander of the Federal Republic (CFR) in 2022.

  • JUST IN: Rivers sole administrator Ibas in private meeting with Tinubu

    JUST IN: Rivers sole administrator Ibas in private meeting with Tinubu

    The newly appointed Sole Administrator of Rivers State, Vice Admiral Ibok-ete Ibas (rtd.) has arrived at the State House Abuja.

    President Bola Tinubu announced the appointment of the retired naval chief at a nationwide broadcast on Tuesday, when he declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu; and the Rivers State House of Assembly members.

    More to follow…

  • JUST IN: Reps in heated argument before plenary over state of emergency in Rivers [VIDEO]

    JUST IN: Reps in heated argument before plenary over state of emergency in Rivers [VIDEO]

    A heated debate erupted among members of the House of Representatives during Wednesday’s plenary session over the recent declaration of a state of emergency in Rivers State.  

    A video of the altercation, shared online by AIT News, captured the intense exchanges among lawmakers.

    President Bola Tinubu had declared the state of emergency during a nationwide broadcast on Tuesday night. However, according to the Constitution, the National Assembly must review the President’s proclamation within 48 hours if in session or within 10 days if in recess.

    To uphold or reject the declaration, a two-thirds majority vote is required in both chambers—the Senate and the House of Representatives.

    Click the link to watch the video.

  • Falana condemns suspension of Fubara, Deputy

    Falana condemns suspension of Fubara, Deputy

    Senior Advocate of Nigeria, Femi Falana, has described as illegal the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months.

    In a statement made available to the media, the senior lawyer said the President’s decision cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999, as amended.

    While recognizing that Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if there is an actual breakdown of public order and public safety in the Federation, Falana argued that the extraordinary measures which may be adopted by the President to restore peace and security do not include the suspension of an elected Governor, an elected Deputy Governor, and the dissolution of other democratic structures.

    He, therefore, called on the President to follow the path of constitutionalism without any delay and to proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State.

    The learned silk said, “This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”

    Read the full statement below:

    ILLEGALITY OF DISSOLUTION OF ELECTED DEMOCRATIC STRUCTURES IN NIGERIA

    The decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

    No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security or there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.

    But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”

    Thus, in accordance with the relevant provisions of the Nigerian Constitution, the office of an elected governor can only become vacant upon death, ill health, resignation, or impeachment. Even where the office of the Governor becomes vacant for any reason whatsoever, the Deputy Governor shall be sworn in as the Governor.

    And where the offices of the Governor and Deputy Governor become vacant at the same time, the Speaker of the State House of Assembly shall become an Acting Governor for not more than 3 months. During the 3-month period, a fresh election shall be conducted by the Independent National Electoral Commission for the election of a new governor.

    It is pertinent to state that the failure of a House of Assembly to function in Rivers State can not be a justification for the dissolution of democratic structures in any State of the Federation. Indeed, the Constitution had envisaged that a State House of Assembly may not be able to function due to one reason or another. Hence, section 11(4) of the Constitution stipulates as follows:

    “At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:

    Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”

    In 2004 and 2006, we condemned the illegal dissolution of democratic structures when President Olusegun Obasanjo imposed emergency rules on Plateau State and Ekiti State, respectively. Regrettably, on both occasions, the Supreme Court refused to determine the constitutional validity of the dissolution of democratic structures on the ground that the suit were procedurally incompetent because they were instituted during the six-month emergency period by the suspended legislators in the name of Plateau State without the authorization of the Sole Administration of the state!

    However, in 2013, when a state of emergency was declared in Adamawa, Borno and Yobe States by former Presidents Goodluck Jonathan, we urged him to reject the pressure mounted on by anti democratic forces to remove the elected Governors and dissolve democratic structures in the affected States. President Jonathan followed the path of constitutionalism.

    In 2021, the then Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN announced the plan of the federal government to declare a state of emergency in Anambra State over insecurity and threat to a complete breakdown of law and order in that part of the Federation We advised President Buhari not to demolish democratic structures even if emergency rule was imposed on the state. President Buhari followed the path of constituionalism.

    In the cases of Adegbenro vs. Attorney-General of the Federation (1962) 1 NLR 338 F.R.A. Williams V Dr. M.A. Majekodunmi (1962) 1 NLR 328 the Supreme Court of Nigeria validated the Emergency Powers Act 1961 to justify the dissolution of democratic structures as well as suspension of fundamental human rights in western region. As there is no equivalent of the Emergency Powers Act 1961 under the current constitutional dispensation, the suspension of an elected Governor by an elected President is a constitutional anomaly under the 1999 Constitution.

    In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) filed by the Bola Tinubu administration, the Supreme Court of Nigeria held that the removal of elected chairmen and councilors as well as appointment of sole administrators or caretaker committees by State Governors to run local government councils are illegal and unconstitutional. It follows to reason that the suspension of elected governors and elected members of the House of Assembly by the President is illegal and unconstitutional in every material particular.

    To that extent, a serving or retired military officer can not be imposed as a Sole Administrator to govern any state in Nigeria. Similarly, a military officer cannot be appointed by the National Assembly as a Sole Administrator to govern the Nigerian people during a war between Nigeria and another country.

    In the Speaker, Bauchi State House of Assembly v Hon Rifkatu Danna (2017) 49 WRN 82 and several other cases, Nigerian Courts have held that the suspension of elected legislators is illegal and unconstitutional. Therefore, the National Assembly should not endorse the illegal suspension of the Rivers State legislators that have not defected from the People’s Democratic Party to the All Progressive Congress. Instead of approving the illegal dissolution of democratic structures in Rivers State, the National Assembly should assist Governor Fubara by invoking its powers under section 11 (4) of the Constitution “to make laws for the peace, order and good government of that State”

    Therefore, we are compelled to call on President Bola Tinubu to follow the path of constituionalism without any delay. The President should proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State. This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, 1999 as amended.

  • Peter Obi condems Tinubu’s declaration of emergency rule In Rivers

    Peter Obi condems Tinubu’s declaration of emergency rule In Rivers

    Peter Obi, the Labour Party’s presidential candidate for the 2023 election, has criticised President Tinubu for declaring a state of emergency in Rivers State.

    Obi called the president’s decision “unconstitutional and reckless” in a tweet on his X (formerly Twitter) page.

    He said: “The unilateral decision of President Bola Tinubu to remove Governor Similaya Fubara of Rivers State from office is not only unconstitutional but also reckless.

    “It has plunged us back into a state of lawlessness, hugely undoing the progress we have made in these 26 years of democratic journey.

    “By disregarding the rule of law, the President has shown a dangerous willingness to trample on democracy.”

    The former Anambra state governor further noted that the political situation in Rivers does not justify such an extreme measure which is a biased interpretation of section 305(1) of the 1999 constitution.

    “The declaration of a state of emergency in Rivers State is not just reckless—it is a clear attempt to return us to a state of nature and tighten its grip on power at all costs.

    “It is a degrading back door imposition of martial rule on a strategic part of the federation with all the implied negatives .

    “The political situation on the ground in Rivers does not justify such an extreme measure, and it is also a biased interpretation of section 305(1) of the 1999 constitution.

    “A state of emergency does not mean an elected Governor can be removed unilaterally. This decision does not align with democratic norms or good governance. Instead, it appears to be a predetermined action serving specific interests rather than the collective good of the people of Rivers State and Nigeria.

    “This action constitutes an unconstitutional overreach, setting a dangerous precedent that threatens democracy, the rule of law, and the separation of powers. If left unchecked, it could foster a culture of impunity.

     

    The unilateral decision of President Bola Tinubu to remove Governor Similaya Fubara of Rivers State from office is not only unconstitutional but also reckless.

    It has plunged us back into a state of lawlessness, hugely undoing the progress we have made in these 26 years of…

    “Having already been grappling with non-adherence to electoral qualifications, rules, and massive rigging, adding arbitrary removal of elected officials will push us to a state of nature and anarchy.

  • Hilda Dokubo slams Tinubu over state of emergency In Rivers

    Hilda Dokubo slams Tinubu over state of emergency In Rivers

    The actress Hilda Dokubo has denounced President Bola Tinubu’s proclamation of a state of emergency in Rivers state.

    Citing a protracted political crisis in the state, the president’s decision, which was made public Tuesday night, suspended Governor Siminalayi Fubara, his deputy, and members of the state house assembly.

    Additionally, Tinubu named retired vice-admiral Ibok-Ete Ibas as Rivers State’s administrator.

    Many Nigerians questioned the validity of the president’s conduct, which drew harsh condemnation on social media.

    Joining the fray, Dokubo questioned the president’s motives, suggesting that the declaration was an “attempt to annex the state” while ignoring the real issues.

    In an Instagram post, the 55-year-old actress argued that Rivers has enjoyed peace for the past two years under Fubara’s leadership.

    Dokubo, who is the chairman of the Labour Party (LP) in Rivers, added that the state of emergency declaration was “unnecessary”.

    “State of emergency because for two years we have had peace! State of emergency because you want to capture the economic soul of Rivers state! State of emergency because of one man? Shameless!” she wrote.

    “Perhaps Mr President should say he wants to annexed Rivers state!”

    See post below:

     

    View this post on Instagram

     

    A post shared by Hilda Dokubo (@hildadokubo)

  • “Unconstitutional usurpation of power,” NBA knocks Tinubu over emergency rule, suspension of Rivers Gov, others

    “Unconstitutional usurpation of power,” NBA knocks Tinubu over emergency rule, suspension of Rivers Gov, others

    The Nigerian Bar Association (NBA) has asked the national assembly to “reject any unconstitutional attempt to ratify” the suspension of Siminalayi Fubara as governor of Rivers state.

    The NBA said President Bola Tinubu’s suspension of Fubara is illegal and a “dangerous affront” to the country’s democracy.

    Tinubu on Tuesday announced the suspension of the governor, his deputy and the members of the Rivers assembly while declaring emergency rule in the state.

    In response, the NBA said emergency declaration does not “automatically dissolve or suspend elected state governments”.

    NBA President Afam Osigwe said the law body is “gravely concerned” by the development, adding that “such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure”.

    “The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency,” the NBA president said in a statement.

    “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.

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

    “The NBA questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration.

    “Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.”

    The NBA warned that suspending elected officials under emergency rule could be potentially “misused to unseat elected governments in the future”.

  • It’s shocking Tinubu sacked Fubara and left Wike – Rivers Govt

    It’s shocking Tinubu sacked Fubara and left Wike – Rivers Govt

    President Bola Tinubu’s decision to fire Governor Siminalayi Fubara while leaving Nyesom Wike as Minister of the Federal Capital Territory (FCT), who has been charged of escalating the state’s political turmoil, has shocked the Rivers State Government.

    Despite the political unrest in the state, Governor Fubara has remained dedicated to constitutional order, peace, and good governance, the government said in a statement released by Warisenibo Joe Johnson, the Rivers State Commissioner for Information and Communications, calling the development unfair.

    Johnson emphasized that since assuming office, Fubara has prioritized the protection of lives and property while ensuring the progress of Rivers State. Even in the face of political instability, the governor upheld his constitutional duties and put the interests of the people above personal or political considerations.

    Following President Tinubu’s intervention to broker peace, the Rivers State Government implemented the agreed terms in good faith, including reinstating commissioners who had previously resigned. Furthermore, the government swiftly complied with the Supreme Court’s ruling upon receiving the certified true copy of the judgment, demonstrating a commitment to legal and democratic processes.

    However, the commissioner lamented that despite these efforts, lawmakers loyal to Wike, who is also a former governor of the state, have continued to obstruct peace and stability. He expressed surprise that while Fubara has been removed, Wike, whom he described as the principal actor in the crisis, remains in office.

    “It is shocking that Mr. President sacked the governor and left his minister, who is the principal actor,” Johnson stated.

    Reassuring the people of Rivers State, the commissioner emphasized that governance remains effective despite political challenges. Salaries have been paid, developmental projects are ongoing, and the state remains secure.

    At this critical time, the government has called on Rivers residents to remain peaceful and law-abiding while reaffirming its commitment to engaging with all relevant institutions to uphold democracy and ensure that Rivers State continues to thrive.

    “We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process,” Johnson added.

    The Rivers State Government maintains that it will continue to prioritize the well-being and prosperity of its citizens while navigating the unfolding political situation.

  • ‘Political manipulation’, Atiku faults Tinubu over Rivers emergency rule

    ‘Political manipulation’, Atiku faults Tinubu over Rivers emergency rule

    The proclamation of a state of emergency in Rivers state has been criticized by former vice president Atiku Abubakar, who has called it an attack on democracy that needs to be strongly denounced.

    Reacting on his verified Facebook page, the former vice president said the declaration is a political ploy that was made in bad faith.

    He asserts that President Bola Tinubu cannot avoid accountability for the crisis in Rivers State that his administration has either caused or failed to stop.

    He further noted that if federal infrastructure in Rivers has been compromised, the President should bear full responsibility, and rather than punish the people of Rivers State with a state of emergency.

    Atiku said, “The declaration of a state of emergency in Rivers State reeks of political manipulation and outright bad faith.

    “Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers. His blatant refusal — or calculated negligence — in preventing this escalation is nothing short of disgraceful.

    “Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.

    “Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent.

    “It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua. Years of progress have been recklessly erased in pursuit of selfish political calculations.

    “If federal infrastructure in Rivers has been compromised, the President bears full responsibility. Punishing the people of Rivers State just to serve the political gamesmanship between the governor and Tinubu’s enablers in the federal government is nothing less than an assault on democracy and must be condemned in the strongest terms.”