‘Fubara, Ngozi, and the lawmakers’ suspension lacks merit.’ – Oladipo Taye LUMINARIA001

On the six (6) months suspension of the oil rich (Rivers) Governor, vice governor, and the state lawmakers by Mr. President, it is clear that the president has acted in good faith by declaring a state of emergency due to the high tensed political crisis of the state.

But, the president has acted out of unbridled energy to suspend the Rivers State Governor, deputy and the Rivers State House of Assembly, in my humble view, this suspension, devoid of merit and unconstitutional and unjustifiable.

Although pursuant to section 305 of CFRN 1999 (as altered), the president has the power to declare a state of emergency.

Section 305 (3) The President shall have power to issue a Proclamation of a state of emergency only when –

(a) the Federation is at war;

(b) the Federation is in imminent danger of invasion or involvement in a state of war;

(c) 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;

(d) 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;

(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the
community or a section of the community in the Federation;

(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation;

(3) The President shall have power to issue a Proclamation of a state of emergency only when –

(a) the Federation is at war;

A two-thirds majority of the National Assembly is required to validate the declaration, ensuring a system of checks and balances to prevent abuse of executive powers.

This means that any declaration of a state of emergency made by the president is a mere declaration and safe to say, can not hold water unless verified and ratified by the legislative body.

It is noteworthy that the president does not have the power to suspend nor remove an elected governor. The suspension of any so-called elected governor has been succinctly mapped out under section 188 of CFRN 1999 (as altered).

The suspension of governor Fubara, his deputy, and the state lawmakers is an affront to the grund-norm (our constitution). Isn’t it questionable whether or that our constitution is the truly highest law of the land.

Being a second year law student and a lover of history, I am not oblivious of the Historical declaration of the state of emergency in Nigeria since the Patton of leadership has been handed over to the civilian on may 29, 1999 which birthed the 4 Republic (transition which has no end).

1. Plateau State (2004)

In May 2004, President Olusegun Obasanjo declared a state of emergency in Plateau State following a surge in ethno-religious violence that led to widespread killings and destruction. The governor and state assembly were suspended, and Major General Chris Alli (retd.) was appointed administrator to restore order.

2. Ekiti State (2006)

A leadership crisis in Ekiti State prompted Obasanjo to impose emergency rule in October 2006.

The crisis stemmed from the controversial impeachment of Governor Ayo Fayose, which plunged the state into chaos. Brigadier General Adetunji Olurin (retd.) was appointed administrator until the situation stabilized.

3. Borno, Yobe, and Adamawa States (2013)
Amid escalating Boko Haram insurgency, President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states on May 14, 2013.

Even there is a plethora of cases where courts have declared void and unconstitutional elected governors’ suspension. For emphasis

(1) A.P.C. v. P.D.P.
On Nature of impeachment proceedings against a Governor –
The impeachment of a governor is a legislative constitutional affair outside the jurisdiction of the court. Consequently, in this case, the further proceedings by the 2 nd panel which culminated in the impeachment of the 2 nd respondent was illegal and unconstitutional, clearly contrary to the provisions of section 188(8) of the 1999 Constitution. [Musa v. Speaker, Kaduna State House of Assembly (1982) 3 NCLR 450; Abaribe v. Abia State House of Assembly(2002) 14 NWLR (Pt. 788) 466 referred to.] (P. 101, paras. F-G)

(2) Ladoja v. INEC II
Being a person first elected as Governor, his four-year tenure would start to run from the 29th of May, 2003. It is true that by the impeachment foisted on him by the State House of Assembly, which impeachment was later declared null and void by court, he was kept out of office for a period of eleven months.
(2007) 12 NWLR (Pt. 1047) 119.

From the foregoing, it is very clear that the constitutional suspension of governor is within the legislative prowess. What Mr. President has demonstrated is not just an affront to the supremacy of the grund-norm but a dirty slap to the legislative prowess. Thomas Jefferson has noted in 1784 in his book “Notes on the State of Virginia” the importance of checks and balances. The removal is an affront to the principle of separation of powers and s dirty rape to the doctrines of checks and balances.

In conclusion, the paradigm that got me baffled in all these is the hide and seek game between the governor and the Rivers State House of Assembly.
Definitely, the Supreme Court has drove-in the final nail into the political coffin of rivers state governor Fubara in few moths ago. And since then he has been battling political survival. Some days back the Rivers State Commissioner of information retreited that the governor has yet to be formally served impeachment notice by the Rivers State House of Assembly.

But then, if the political tension at Rivers state is allowed to persist, what then will become of the faith and hope of the good people of Rivers State?.

Oladipo Taye
Luminaria001.