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
The Olubadan of Ibadanland, Oba Owolabi Olakulehin, has died. He was aged 90.
Oba Olakulehin, who ascended the throne in July 2024, died in the early hours of Monday, July 7, 2025, after spending a year on the throne, and two days after his 90th birthday
Oba Olakulehin received the staff of office from Oyo State Governor Engr. Seyi Makinde, on July 12, 2024, as the 43rd Olubadan of Ibadanland.
Oba Olakulehin ascended the throne from the chieftancy rung of Balogun Olubadan, following the demise of Oba (Dr.) Moshood Lekan Balogun, Alli Okunmade II, who died at the age of 81 years on March 14, 2024.
Personality in Focus
Things Fall Apart Festival 2025: Chimamanda Adichie Calls for Igbo Unity, Honoured by ATPN
Global literary icon, Chimamanda Ngozi Adichie, has been inducted as an Honorary Fellow of theAssociation of Tourism Practitioners of Nigeria (ATPN), in recognition of her remarkable contributions to promoting Nigeria’s cultural identity through literature. Her works, which have earned worldwide acclaim, continue to project Nigerian—and particularly Igbo—culture on the global stage.
The honorary induction took place during the Things Fall Apart Festival (TFA) 2025, held in Enugu and organized by the Centre for Memories – Ncheta Ndigbo, with endorsement from the National Council for Arts and Culture (NCAC) and the ATPN, and in partnership with iTour Africa. The festival is a celebration of the legacy of Chinua Achebe’s timeless novel, Things Fall Apart.
Adichie, who chaired the festival, delivered a stirring address that emphasized the urgent need for unity and cultural pride among the Igbo people. Also present at the event were several dignitaries including Sir Ike Chioke, Managing Director of Afrinvest; Sir Emeka Mba, former DG of the Nigerian Broadcasting Commission and founder of Afia TV; and celebrated actor Chief Nkem Owoh (Osuofia).
Speaking on behalf of ATPN National President Omo-Oba Adetunji Femi Fadina, the association’s Deputy President II, Wilson Uche Ugwu, emphasized the vital role of cultural identity in tourism development. He urged Nigerians—especially the Igbo—to take pride in their heritage and support initiatives that preserve and promote indigenous culture. Ugwu also reaffirmed ATPN’s commitment to professionalism among tourism practitioners and the need to avoid distorting Nigeria’s rich history and traditions.
In her keynote speech, Chimamanda Adichie made a powerful call for internal reflection and unity within the Igbo community:
“Ndigbo k’anyi tetalu n’ura. Let us wake up. Ife emebigo n’ala Igbo. Things have fallen apart in Igbo land,” she said. “We often speak of political marginalisation, and indeed any honest assessment of post-war Nigerian history acknowledges that. But before we can truly challenge external forces, we must first ‘clean house.’ We are giving those who want to marginalise us even more reasons to justify their actions.”
She stressed that unity does not mean uniformity but a conscious choice to collaborate for a greater goal despite differences.
“If all governors and senators from the Igbo-speaking states come together and set aside party affiliations, it would bestow a significant bargaining power to influence policies beneficial to the region.”
Adichie also delved into the erosion of Igbo language and identity, lamenting the decline of Igbo literature and the increasing pride in raising children who do not speak their native tongue.
“Languages are beautiful, and the more languages a child can speak, the better. But what’s happening in Igbo land is not about the ability to learn languages—it is about the lack of value for what is ours. Even our naming culture is eroding. We now give names not for their meaning, but for how ‘Western’ they sound.”
She drew parallels with the Germanic tribes, who despite having multiple dialects, united to form a modern German state. In contrast, she warned that internal divisions within Igbo society, often rooted in political rather than cultural identities, are weakening the community.
“Igbo is Igbo. Nobody is more Igbo than another. The distinctions we make today—‘Anambra Igbo,’ ‘Delta Igbo’—are political, not cultural. Our strength lies in our unity.”
The Things Fall Apart Festival 2025 served not only as a celebration of Achebe’s literary genius but also as a rallying point for cultural rebirth and communal introspection. It was a fitting occasion to honour Chimamanda Adichie, a torchbearer of African storytelling and cultural preservation.
Famous American televangelist, Jimmy Swaggart, has died at the age of 90.
Jimmy Swaggart’s death was announced on his Facebook page on Tuesday.
He reportedly died two weeks after suffering a cardiac arrest at his Louisiana home on June 15 2025.
The once most recognized Pentecostal preacher in the United States, was brought down in the late 1980s by sex scandals.
The pastor of the Family Worship Center in Baton Rouge, was reportedly caught on camera in 1988 with a prostitute in New Orleans.
Jimmy Swaggart was embroiled in a prostitution controversy in 1988 after he accused Marvin Gorman, his fellow preacher, of infidelity.
In retaliation, Gorman hired a private investigator who caught Swaggart with a prostitute.
The development triggered a national scandal, prompting him to temporarily step down from preaching.
Addressing the incident during a tearful sermon in 1988, Jimmy Swaggart apologized to his parishioners.
“I have sinned against you. I beg you to forgive me”, he said.
After the scandal, he, however, continued preaching for decades, but with a reduced audience.
