Tinubu Suspends Governor Fubara. What Does The Law Say?

The crisis between the governor of Rivers State, Sim Fubara, and the minister of the Federal Capital Territory, Nyesom Wike has reached what’s probably the climax with the declaration of a State of Emergency in the state, and the suspension of the governor, his deputy, Ngozi Odu and the activities of the state Assembly for six months by President Bola Tinubu. 

In a 7 PM nationwide broadcast on Tuesday, Tinubu addressed the political instability in the state which took another turn with two successive blasts of oil and gas pipelines in the different parts of the state. 

“In the circumstance, having soberly reflected on and evaluated the political situation in Rivers State and the Governor and Deputy Governor of Rivers State having failed to make a request to me as President to issue this proclamation as required by section 305(5) of the 1999 Constitution as amended, it has become inevitably compelling for me to invoke the provision of section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers State with effect from today, 18th  March 2025 and I so do,” Tinubu said on Tuesday evening. However, his declaration of the suspension of “the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State” for an initial period of six months was met with backlash and ferociously objected, raising questions on the legality of the action by President Tinubu. 

What Does The Law Say?

The 1999 Constitution (As Amended) is clear in the declaration of a State of emergency.  Subsection (1) & (2)states: The President may, by proclamation, declare a state of emergency in the Federation or any part thereof. Such a declaration must be transmitted to the National Assembly for approval. Section (3) provides conditions for the declaration of the state of emergency to include: 

(a)The Federation is at war.

(b) The country is in imminent danger of invasion or involvement in a state of war.

(c) There is actual breakdown of public order and public safety requiring extraordinary measures to restore peace and security.

(d) There is a clear and present danger of disaster or natural calamity.

(e) There is an actual or imminent danger of a public health emergency of national concern.

(f) The government at any level is unable to function, and there is a need for extraordinary measures to ensure governance.

Subsection (4) states that in any of the specified situations, the State Governor—supported by a two-thirds majority of the House of Assembly—can request the President to declare a state of emergency when any of the conditions outlined in subsection (3)(c), (d), or (e) are met.

In his address, President Tinubu explained that since the Governor and Deputy Governor of Rivers State failed to request this proclamation, as required by Section 305(5) of the 1999 Constitution (as amended), he was left with no choice but to invoke the provisions of Section 305 of the Constitution.

Constitutional lawyer Festus Ogun acknowledges that President Tinubu has the authority to declare a state of emergency in Rivers State. However, he strongly opposes the suspension of the Governor, Deputy Governor, and members of the Rivers State House of Assembly.

“President Tinubu lacks the legal, constitutional, or moral authority to unilaterally suspend a Governor, Deputy Governor, or elected lawmakers. Officials chosen by the electorate cannot be arbitrarily removed by mere verbal proclamation under any circumstances,” Ogun told me on Tuesday night. Ogun also questioned the appointment of Vice Admiral Ibokette Ibas (Rtd) as the Administrator of Rivers State. “Where does Tinubu derive this power from? What criteria did he use to appoint him?” he asked.

Ridwan Oke, Principal Partner at Iris Attorneys LP, also criticized the suspension of Governor Fubara, his deputy, and the state lawmakers, describing it as unconstitutional and lacking legal merit. “The 1963 Constitution provides for the suspension of a sitting governor, not the 1999 Constitution (as amended). The President cannot suspend the governor, deputy governor, and state House of Assembly lawmakers,” Oke stated.

What’s Next?

There are established precedents for the declaration of a state of emergency in Nigeria. In 2004, former President Olusegun Obasanjo declared a state of emergency in Plateau and Ekiti States due to public disorder and governance crises, leading to the suspension of the governors, their deputies, and the State House of Assembly. Similarly, in 2013, former President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa States in response to the Boko Haram insurgency, also removing the governors and lawmakers from power.

Given this history, the only legal recourse available to Governor Sim Fubara is to challenge what many view as an unconstitutional overreach by President Tinubu.

However, Tinubu’s decision to suspend Fubara, his deputy, and the state lawmakers raises serious concerns about his democratic credentials. As someone who was once presented as a pro-democracy activist during the June 12 struggle, and who previously criticized Obasanjo’s use of emergency powers in Plateau and Ekiti States, this move appears to contradict the principles he once championed.

If this action is left unchallenged or not swiftly reversed, it could set a dangerous precedent—one that normalizes the arbitrary removal of elected officials by executive fiat, undermining Nigeria’s democratic institutions.