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
By NOMA
The Nigerian Online Media Alliance (NOMA) has celebrated Mr. Olakunle Aderinokun on his 55th birthday, describing him as a distinguished strategic communications expert and media professional whose nearly three-decade career continues to shape Nigeria’s communications and business landscape.
In a statement by Theresa Moses, Chairperson, NOMA highlighted Aderinokun’s current role as Head, Media and Public Relations at Access Holdings Plc, where he leads group-wide media strategy, executive communications, crisis management, and corporate reputation positioning across local and international markets.
The Alliance noted that his ability to align corporate narratives with business strategy, stakeholder expectations, and regulatory realities has strengthened institutional credibility and public trust.
Aderinokun’s career reflects a unique blend of journalism, financial services, and corporate leadership. He spent 24 years at THISDAY Newspapers, rising to the position of Group Business Editor and Associate Editor, where he played a significant role in shaping Nigeria’s business journalism ecosystem. He later served as Editor, Business at ARISE News Channel, further consolidating his reputation for editorial excellence and impactful storytelling.
Throughout his journalism career, he covered critical sectors including banking, capital markets, energy, aviation, and macroeconomics, engaging directly with top policymakers, regulators, and corporate leaders. His extensive international exposure includes participation in global platforms such as the IMF-World Bank Meetings, African Development Bank Meetings, TICAD in Japan, the Nigeria-China Business Forum, Africa Oil Week in Cape Town, and Vaasa Energy Week in Finland.
Beyond journalism, Aderinokun brings strong financial and investment expertise, having worked with United Bank for Africa (UBA) and Wall Street Trust Company (now WSTC Financial Services), where he handled equity analysis, market research, and investment advisory. This foundation, NOMA noted, has enabled him to effectively bridge financial performance with strategic communication outcomes.
An entrepreneur, he founded Pure Synergy Ltd in 2013, a firm focused on reputation management and strategic communications, and later served as CEO of Excite Enterprise Ltd, an online business solutions platform.
In the public sector space, Aderinokun served as Media Adviser to Senator Tokunbo Abiru in 2020, where he led media strategy and publicity for the Lagos East Senatorial campaign, contributing to its successful outcome.
Academically, he holds a Bachelor’s degree in Mathematics (Pure and Applied) from the University of Ilorin and an MBA from the University of Lagos, complemented by executive education at Lagos Business School and professional training with the World Bank Institute, NIPR, and Standard Bank Group, South Africa. He also holds multiple professional certifications across public relations, banking, marketing, and digital communications.
NOMA described him as a quintessential, multifaceted professional whose career embodies excellence, innovation, and leadership.
“Olakunle Aderinokun represents the very best of strategic communication and media practice in Nigeria. His journey is not only inspiring but also instructive for the next generation of professionals navigating the evolving media and corporate landscape,” the statement read.
As he marks his 55th birthday, NOMA commended his enduring contributions and wished him continued success, good health, and greater accomplishments in the years ahead.
The Executive Secretary/CEO of the Lagos State Security Trust Fund (LSSTF), Dr. Ayodele Ogunsan, has congratulated the Inspector-General of Police, IGP Olatunji Rilwan Disu, on the occasion of his birthday, commending his visionary leadership and reform-driven approach to policing in Nigeria.
In his birthday remarks, Dr. Ogunsan described the IGP as a “distinguished officer whose career has consistently reflected professionalism, courage, and a deep commitment to public safety.”
He noted that since assuming office as the 23rd Inspector-General of Police early this Year 2026, Disu has demonstrated a clear resolve to reposition the Nigeria Police Force towards greater efficiency and public trust.
Dr. Ogunsan particularly praised the IGP’s emphasis on intelligence-led policing, a strategy aimed at enhancing proactive crime detection and prevention, as well as his push for the integration of digital tools and forensic capabilities into police operations. These reforms, he said, signal a shift towards modern, accountable, and citizen-focused policing.
He further highlighted Disu’s decisive steps to strengthen the state policing agenda and officers’ welfare. He praised him for the effective policing model through the restructuring and reduction of tactical units, a move designed to address concerns over excesses while redeploying personnel to police divisions for improved community-level security.
The LSSTF boss also acknowledged the IGP’s consistent advocacy for discipline, integrity, and professionalism within the Force, noting that such values are critical to restoring public confidence and enhancing institutional credibility.
Reflecting on his track record, Dr. Ogunsan recalled Disu’s impactful leadership roles across key commands, including the Rivers State and the Federal Capital Territory Commands, where he contributed significantly to crime control and intelligence-driven operations.
His tenure as the Commander of the Rapid Response Squad in Lagos is a testament to his operational excellence and urban crime management.
Ogunsan wished the IGP good health, wisdom, and continued success in his efforts to build a more secure Nigeria. “On this special occasion, we celebrate not only a remarkable leader but a reformer whose vision continues to inspire confidence in the security architecture of our nation,” Ogunsan said.
Terrorists in northeast Nigeria killed a brigadier general in an assault on a military base, a local government chairman told AFP on Thursday, the second killing of a high-ranking officer in five months.
Africa’s most populous country has been fighting a terrorist insurgency for 17 years, since Boko Haram’s 2009 uprising, which has seen the emergence of powerful splinter groups, including Islamic State West Africa Province.
In an overnight attack, unidentified terrorists killed at least 18 soldiers and torched vehicles at a base in Benisheikh, about 75 kilometres from Borno state capital Maiduguri, an intelligence source told AFP.
“Unfortunately, the brigade commander, Brigadier General O.O. Braimah, lost his life,” Kaga Local Government Chairman Zannah Lawan Ajimi told AFP in a phone interview.
Two intelligence sources confirmed Braimah’s death to AFP.
His death follows the killing of Brigadier General Musa Uba by ISWAP in November. He was the highest-ranking military official to die in the long-running conflict since 2021.
“They overran the brigade,” one of the intelligence sources said, giving the death toll as “at least” 18.
The second intelligence source said that “the terrorists killed several troops” and “burnt vehicles and buildings before they withdrew,” without giving a toll.
The army and Nigeria’s Defence Headquarters did not immediately respond to a request for comment.
– Rising terrorist violence –
Researchers have warned of an uptick of violence since 2025.
Borno capital Maiduguri has seen two suicide bombings since December — the type of bloody, urban attacks reminiscent of the insurgency’s peak a decade ago.
On Wednesday, the US State Department said in a notice it was authorising “non-emergency US government employees” to leave Abuja “due to the deteriorating security situation”.
While the insurgency is concentrated in the northeastern countryside, terrorists from Nigeria and the neighbouring Sahel have made inroads western Nigeria, where organised crime gangs known as “bandits” have been raiding villages and extorting farmers and artisanal miners for years.
Gunmen killed at least 90 people across several remote villages in northwest Nigeria this week, according to an AFP tally of tolls given by local and humanitarian sources.
Among the attacks was an assault in Kebbi state that police blamed a local terrorist group known as Mahmuda, which is affiliated with Al-Qaeda.
Kebbi sits on Nigeria’s border with Benin and Niger and since 2025 has been targeted by a rising number of terrorist attacks.
Conflict monitor ACLED says there has been a surge in violence in the area carried out by militants affiliated with Al-Qaeda and the Islamic State group.
In nearby Kwara state, in October, fighters from the Al-Qaeda-affiliated JNIM claimed an attack after years of researchers warning that the terrorist conflict ravaging the Sahel risked spreading south towards coastal West African states.
In December, the United States, with Nigerian assistance, bombed northwest Sokoto state, targeting Islamic State Sahel Province fighters usually found in neighbouring Niger, along with Mali and Burkina Faso.
AFP
