Suspension Of Rivers State Governor And The Declaration of Emergency in Rivers State.

Can a Governor reject Suspension by the president?

  For a host of reasons we stop to give public opinions on some issues going around. Last week our DMs were full of questions and request on the issues related to right of the Corp member who was said to raise a complain about the hardship we are currently facing in Nigeria. She was interpreted in various ways. We attend to the issues privately with our people, give opinions, seek opinions, questions and clear doubt.

Not even up to a week again, on Tuesday President Bola Ahmed Tinubu on the 18/3/2025 exercised his constitutional power by declaring a state of emergency in rivers state. The president also suspended Gov. Sim Fubara, his deputy, Ngozi Udu and other elected officials, appointing vice admiral Ibok-Ete Ibas (rtd) to oversee the affairs of the oil-rich state. The decision was as a result of lingering political turmoil in the state which has led to the destruction of national assets.

There are many questions like;

WHETHER THE PRESIDENT ACTION IS CONSTITUTIONAL OR NOT?

  As a student of knowledge, we will only be bringing the position of law and our argument.

   People have to know this today, law is different from emotions, Law is what it is and not what is ought to be. We told some people last week when we are discussing about the corp member who was said to insult the president with her utterance.

  We said the truth of the matter is if there is any law governing NYSC in Nigeria that restrict such utterance or her action then she should face the consequences of her action. Some people said what of her freedom of speech in the constitution. Then we replied: That is a general rule and for every general rule there must be an exception. It NYSC code and conduct will be the exemption here.

  The truth of the matter is President Bola Ahmed Tinubu action on 18/3/2025 declaring a state of emergency in rivers state is constitutional and allowed by the Nigeria law under the 1999 constitution (as amended).

According to Section 305(3): the president can only declare state of emergency under the following circumstances:

1. War or imminent war

2. Threat of public order: If is there is a clear and present danger of such a breakdown (Section 305(3) (c).

3. Natural disaster or claiming: If an occurrence such as an epidemic flood, earthquake, affects a section of the country. (Section 305(3) (e).

4. Other public dangers: If any other serious situation threatens the existence of the federation (Section 305(3)(f).

5. Request from a state governor.

  Our argument is, if rivers state happens to fall in any of these categories that means the action of the president is constitutional and if the river state did not fall into any this, that means the action is unconstitutional.

IS THE SUSPENSION OF RIVERS STATE GOVERNOR LAWFUL?

The president of NBA, Adam Osigwe (SAN) states that the 1999 constitution does not grant the president the power to remove an duly elected governor, deputy governor or state legislators under a state of emergency.

The constitution provides a clear procedure for the removal of a governor according to Section 188. In the final thought of the NBA president, he added that the situation in rivers state is a political tense and does not meet the constitutional threshold for the removal of elected officials.

However, we (Legal Twins) opinion are not left out, in our final thought, we also conclude that the system is mockery, no respect for the rule of law, no respect for legal system. We felt bad for going to study a course for six years and a constituted authority throw it out without any legal backup.