Ex-rep: Fubara’s suspension and appointment of administrator for Rivers unconstitutional

Farah Dagogo, a former member of the house of representatives, says the suspension of elected officials in Rivers is a breach of the constitution. 

On Tuesday night, Tinubu declared a state of emergency in Rivers following the prolonged political crisis in the south-south state.

The president also suspended Siminalayi Fubara, governor of the state; Ngozi Odu, his deputy; and the members of the state assembly.

Tinubu nominated Ibok-Ete Ibas, a retired vice-admiral, as the administrator of Rivers state.

In a statement issued on Wednesday, Dagogo said Tinubu erred by suspending the officials.

The former legislator, who represented the Degema/Bonny federal constituency, said only a state house of assembly can remove a governor through impeachment.

“One of the most controversial aspects of the declaration is the suspension of the governor, deputy governor, and state house of assembly under the 1999 constitution,” the statement reads.

“The only legal way to remove a governor or deputy governor is through impeachment by the state house of assembly under section 188.

“The constitution does not grant the president the power to suspend or remove a governor or deputy governor outside the impeachment process or a valid resignation.

“Section 11(4) and (5) states that only the national assembly can take over legislative functions of a state house of assembly in cases where it cannot function. It does not allow for the suspension of elected lawmakers.

“Given these constitutional provisions, president Tinubu’s suspension of elected officials is unconstitutional as there is no provision in the 1999 Constitution granting such powers.

“Even during a state of emergency, the governor and deputy governor remain in office unless removed in accordance with constitutional procedures.”

He also faulted the appointment of an administrator for the state, saying the only scenario where an unelected official can assume control of a state is under military rule, which is not applicable under a democratic system governed by the 1999 constitution.

“While the President has the power to declare a state of emergency under section 305, the suspension of elected officials and appointment of an administrator exceed constitutional limits,” he said.

“Any action outside the scope of the 1999 constitution is illegal and could be overturned by the courts.”

Dagogo added that for Tinubu’s emergency rule declaration in Rivers to be valid, it must receive the backing of the national assembly.