Personality in Focus
Rivers: Falana faults Tinubu on Suspension of Fubara, Other Elected Officers
A human rights lawyer, Mr. 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 a period of 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.”
Below is the full statement
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.
Femi Falana SAN
Pascal Dozie, a renowned Nigerian entrepreneur and business leader has died. He was 86.
According to sources close to the deceased, Dozie died a battle with old age-related illness.
Dozie, was a man of many parts, best known for founding Diamond Bank and serving as chairman of Pan-Atlantic University.
He was born on April 9, 1939, in Egbu, Owerri, Imo State, Nigeria. Dozie’s educational background includes a degree in Economics from the London School of Economics and a master’s in Administrative Science from City University in London.
Dozie also founded theAfrican Development Consulting Group, which worked with notable clients like Nestle and Pfizer. He served as MTN Group chairman but later resigned and was succeeded by Ernest Ndukwe.
Dozie received the prestigious National Award of the Order of the Niger (OON) for his contributions to Nigeria’s banking industry.
Dozie is survived by his wife Chinyere Dozie, and five children among other relatives.
A former governor of Oyo State, Dr. Victor Olunloyo, is dead.
According to a statement by his family on Sunday, he died a few days before his 90th birthday.
The statement titled ‘Victor Olunloyo goes home’ was signed by Oladapo Ogunwusi on behalf of the family.
It read, “With a heavy heart but gratitude to the Almighty, we announce the passing into glory of Dr. Victor Omololu Olunloyo, former governor of Oyo State, mathematician and engineer and renowned technocrat, a few days before his 90th birthday.
“The Balogun of Oyo and Otun Bobasewa of Ife, Dr. Olunloyo was first Rector, Ibadan polytechnic and first Rector, Kwara State Polytechnic among other notable appointments.
“His long record of service to the nation and humanity is a source of pride to his family and associates even as we come to grip with this devastating event.
“The Olunloyo family will appreciate the understanding of the press and the public as they commence efforts to give him a befitting burial.
“Even from everlasting to everlasting, He is God.”
About a year ago in April 2024, the rumour of the death of the elder statesman was reported by some news platforms.
But speaking with The PUNCH correspondent who visited his Molete residence in Ibadan, the state capital, he debunked the rumour, saying he was hale and hearty.
“I’m still here, not yet gone,” he declared then.
He also expressed worry over the rumour and asked who would live forever, stressing, “Those breaking death news and the person presumed dead will all die one day.
“I’ve been lucky. My father died at 42, while my mother died at 102. I’m 89. I’ve crossed the expected life age.”
The elder statesman also illustrated how the rumour of his death hit several news platforms on June 7, 2022.
He noted that the rumour mongers claimed that he died at the University College Hospital, Ibadan.
A few days later, the family issued a statement, declaring that he was not dead but suffering from old age ailment and asked Nigerians to pray for him to survive the health complications.
The leadership of the Real Estate Developers Association of Nigeria (REDAN), has congratulated Aare Adetola Emmanuel-King as he clocked 50 years.
Speaking on behalf of the Association,
President & Chairman of Council, Prince Akintoye Adeoye, celebrated Emmanuel-King’s passion and dedication, which continues to inspire the real estate sector.
Below is the detailed statement:
It is with great pleasure that I, Prince Akintoye Adeoye, President and Chairman of Council of the Real Estate Developers Association of Nigeria (REDAN), on behalf of the entire Association, extend my warmest birthday wishes to you.
As you celebrate your birthday today, we recognize your outstanding contributions to the real estate industry. Your visionary leadership in making homeownership accessible and building Adron Homes & Properties into a leading brand sets a high standard for excellence. Your passion and dedication continue to inspire many of us in the real estate sector.
Today is not just a birthday; it is a celebration of your remarkable achievements, wisdom, and the abundant grace of God. From a visionary start to shaping the future of affordable housing in Nigeria, your leadership in the real estate sector has been ground-breaking.
REDAN is proud to recognize your invaluable contributions to the real estate sector and our association. As you step into this new age, may you be blessed with continued success and even greater accomplishments in all your endeavors.
Turning 50 is a momentous occasion, offering a time for reflection on the many successes and cherished memories that have shaped your journey. At REDAN, we wish you continued good health, wisdom, and divine grace as you keep contributing to the advancement of the real estate sector and our beloved nation.
May this year and the ones ahead be filled with even greater achievements, joy, and fulfillment.
Once again, happy 50th birthday, Aare Adetola Emmanuel King.
