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
Robert Francis Prevost, the first pope from the United States, has a history of missionary work in Peru but also a keen grasp of the inner workings of the Church.
The new Leo XIV, a Chicago native, was entrusted by his predecessor Francis, to head the powerful Dicastery for Bishops, charged with advising the pontiff on new bishop appointments.
The sign of confidence from Francis speaks to Prevost’s commitment as a missionary in Peru to the “peripheries” – overlooked areas far from Rome prioritised by Francis – and his reputation as a bridge-builder and moderate within the Curia.
The 69-year-old Archbishop-Bishop emeritus of Chiclayo, Peru, was made a cardinal by Francis in 2023 after being named Prefect of the Dicastery, one of the Vatican’s most important departments — and a post that introduced him to all key players in the Church.
Vatican watchers had given Prevost the highest chances among the group of US cardinals of being pope, given his pastoral bent, global view and ability to navigate the central bureaucracy.
Italian newspaper, La Repubblica, called him “the least American of the Americans” for his soft-spoken touch.
His strong grounding in canon law has also been seen as reassuring to more conservative cardinals seeking a greater focus on Theology.
Following Francis’s death, Prevost said there was “still so much to do” in the work of the Church.
“We can’t stop, we can’t turn back. We have to see how the Holy Spirit wants the Church to be today and tomorrow, because today’s world, in which the Church lives, is not the same as the world of ten or 20 years ago,” he told Vatican News last month.
“The message is always the same: proclaim Jesus Christ, proclaim the Gospel, but the way to reach today’s people, young people, the poor, politicians, is different,” he said.
Born on September 14, 1955, in Chicago, Prevost attended a Minor Seminary of the Order of St Augustine in St Louis as a novice before graduating from Philadelphia’s Villanova University, an Augustinian institution, with a degree in Mathematics.
After receiving a masters degree in divinity from Chicago’s Catholic Theological Union in 1982, and a doctorate decree in canon law in Rome, the polyglot joined the Augustinians in Peru in 1985 for the first of his decade-long missions in that country.
Returning to Chicago in 1999, he was made provincial prior of the Augustinians in the US Midwest and later the prior general of the order throughout the world.
But he returned to Peru in 2014 when Francis appointed him as apostolic administrator of the Diocese of Chiclayo in the country’s north.
Nearly a decade later, Prevost’s appointment in 2023 as head of the Dicastery came after Canadian Cardinal Marc Ouellet was accused of sexually assaulting a woman and resigned for age reasons.
The Vatican later dropped the case against Ouellet for insufficient evidence.
Prevost also serves as president of the Pontifical Commission for Latin America.
Ghana’s President John Dramani Mahama has celebrated Globacom Chairman, Dr. Mike Adenuga Jr., on his 72nd birthday. He joins President Bola Ahmed Tinubu who had on Tuesday released a statement celebrating the astute businessman.
The two leaders praised Dr. Adenuga for his remarkable contributions to the growth of both countries, their people and the economy.
President Mahama described the business icon’s life as an “illustrious example of vision, resistance and extraordinary performance”.
His Nigerian counterpart said Dr. Adenuga’s life and extraordinary achievements are evidence of the power of vision and resilience.
Congratulating Dr. Adenuga, President Mahama said, “he not only built enduring businesses but also contributed significantly to the socio-economic advancement of our continent.”
Similarly, President Tinubu said Adenuga’s humility and hard work allowed him to succeed in banking, communications, oil and gas. “Through determination and hard work, he built businesses that have created thousands of jobs for our people,” President Tinubu said.
According to the President, Globacom’s ingenuity in disrupting the billing template in the telecoms industry remains a point for which Nigerians are always grateful to Dr Adenuga for expanding telephony and digital access to millions of Nigerians.
The President noted that Conoil has become a proof that indigenous companies can compete with international oil companies to promote energy independence and the security of the country.
In a heartwarming and historic show of affection and loyalty, the 88/93 Class Set of the Remo Secondary School Old Students Association (RSSOSA) staged a grand surprise birthday celebration in honor of their own, the National President of RSSOSA, Aare Adetola Emmanuelking.
The event, which took place at the prestigious Marriott Hotel, Lagos, was a spectacular and deeply emotional affair that left the celebrant overwhelmed and moved to tears. Unknown to Aare Adetola, the surprise had been meticulously planned since January of this year, in close collaboration with his wife, who kept the arrangements a secret until the big day.
The celebration was marked by an electrifying atmosphere of joy, laughter, and heartfelt emotions as classmates reunited to honor one of their own in grand style. The 88/93 Set spared no expense, presenting Aare Adetola with gifts worth several million naira.
Adding to the magic of the occasion, members of the 88/93 Set residing in the diaspora joined virtually from the United Kingdom, Canada, and the United States. Notable among them were Segun Osho, Rev. Fr. Oshitimehin, Sade Odesanya, Akeem Elegbeji, Gboyega Solarin, Johnson Olumuyiwa Sanya, Tope Otunba, Semeton Amosu, Yemisi Olowu, Bukky Alli, Bunmi Ojutialayo, Bolaji Desalu, Wasiu Talabi, Azeez Awolaja, Jimmy Adetayo, and Bisoye Sholuade, whose heartfelt participation further heightened the emotional resonance of the event.
The success of the surprise was largely credited to the tireless efforts and leadership of the Class Set Governor, Engr. Bola Owolabi Oladeinde, whose commitment, coordination, and attention to detail ensured a seamless and unforgettable celebration.
In his heartfelt appreciation speech, a visibly emotional Aare Adetola expressed profound gratitude to every member of the class set, describing the surprise as one of the most touching and humbling experiences of his life.
“Never in my wildest dreams did I imagine that such an elaborate and deeply moving celebration awaited me,” he said. “You have honored me beyond words, and I am eternally grateful. May God bless and replenish each of you for your sacrifices, generosity, and steadfast love.
Aare Adetola appreciated his wife for her support and for keeping the surprise a secret with such admirable dedication.”
The event was a powerful reaffirmation of enduring friendship, unity, and loyalty. The 88/93 Set of RSSOSA once again demonstrated that true brotherhood and sisterhood only grow richer and deeper with time, setting a remarkable example for alumni associations everywhere.
