Personality in Focus
Rivers: Falana faults Tinubu on Suspension of Fubara, Other Elected Officers
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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 Ooni of Ife, Oba Adeyeye Ogunwusi, Ojaja II, has announced the passing of his immediate elder brother, Prince Adetunji Ogunwusi.
The monarch made the announcement in a statement released on Sunday through the Director of Media and Public Affairs at the Ooni’s Palace, Sodiq Lawal.
Describing the late prince as a respected businessman and compassionate leader, the Ooni said Prince Adetunji lived a life dedicated to service, humility and the wellbeing of others.
According to the statement, the death of Prince Adetunji has left a deep void in the Ogunwusi family, the Ojaja Royal Dynasty and the entire Ile-Ife Kingdom.
Prince Adetunji, who was born on December 8, 1967, was a member of the Ojaja lineage of the Giesi Ruling House in Ile-Ife. He was also the Group Chairman of Primewaterview Holdings, where he earned recognition for his contributions to business development and entrepreneurship.
The Ooni noted that his late brother built a reputation as an innovative entrepreneur and visionary leader. Through his business activities, he created opportunities for many people and contributed to economic growth in different sectors.
The monarch further stated that beyond his achievements in business, Prince Adetunji was known for his generosity, kindness and commitment to humanitarian causes. He was said to have quietly supported many individuals and families, offering assistance, guidance and encouragement whenever needed.
The statement added that Prince Adetunji’s influence extended beyond the corporate world, as he remained deeply connected to his roots and maintained a strong interest in the progress and development of Ile-Ife and its people.
The Ooni described his late brother as a dependable adviser, a loving family member and a man whose legacy would continue to inspire future generations.
Family members, friends, associates and well wishers have continued to pay tribute to the late prince, remembering him for his humility, wisdom and positive impact on society.
The palace said further details regarding funeral arrangements and other ceremonies would be announced by the family in due course.
Prince Adetunji’s death marks a significant loss to the royal family and the people of Ile-Ife, who will remember him for his service, leadership and dedication to humanity.
The Nigerian Bar Association (NBA) has elected Oyinkansola Badejo-Okusanya, a Senior Advocate of Nigeria (SAN), as its next president after she polled the most votes when voting officially ended Sunday morning.
Mrs Badejo-Okusanya, the only female among the three presidential candidates, polled 12,317 votes to emerge the winner of the election, which was held through electronic voting for 24 hours. from 7:35 a.m. on Saturday to 7:34 a.m. on Sunday
She defeated her two challengers, polling 47.18 per cent of the 26,106 ballots cast in the presidential election, based on the final tally…
Nearly a month after Keir Starmer’s resignation, former Manchester Mayor Andy Burnham, one of the most popular politicians in Britain, will become the country’s seventh prime minister in 10 years.
The move was made possible after Burnham won a byelection in the Makerfield constituency by a wide margin. He was then appointed as the leader of the ruling Labour Party on Friday, confirming him as Starmer’s successor.
A long political career
“Everyone can feel the country isn’t where it should be,” 56-year-old Burnham said after his Makerfield election victory, in remarks that already sounded distinctly prime ministerial. “From here on I will give everything I have got to make it so. To ensure the name Makerfield is forever synonymous with bringing about the change this country needs, bringing back something we’ve lost ― hope ― hope for the future.”
Burnham is seen as a leading figure on Labour’s moderate-left wing and has decades of experience in both national and regional politics. He first entered Parliament in 2001. Under Prime Minister Tony Blair, he served as a junior minister at the Home Office before Blair’s successor, Gordon Brown, appointed him to roles at the Finance Ministry, the Department for Culture, and later as health secretary.
Burnham even ran for the Labour leadership twice, in 2010 and 2015. In 2017, he left Parliament to become mayor of Greater Manchester, a region of around 2.8 million people in northern England. He has since won reelection twice, most recently getting nearly two-thirds of the vote.
Among Burnham’s most notable achievements in Manchester is the expansion of affordable public transportation. Housing and health care have also been central priorities throughout his time as mayor. He is critical of Brexit, the UK’s exit from the European Union in 2020, and describes himself as an advocate of “pro-business socialism.”
During the COVID pandemic, Burnham locked horns with then-Prime Minister Boris Johnson, demanding greater financial support for businesses and workers affected by lockdown restrictions. The confrontation and his general success in Manchester earned him the nickname “King of the North.”
In the past few years, Burnham’s main criticism of his Labour Party colleague Keir Starmer has focused on the prime minister’s cuts to welfare spending. Which policies Burnham would pursue should he succeed as prime minister has so far largely remained undefined.
A working-class northerner
Burnham is deeply rooted in the former mining and industrial communities of northern England. Born in 1970 in Aintree, near Liverpool, he grew up in the village of Culcheth with his father working as a technician and his mother as a medical assistant.
While studying English at Cambridge University, Burnham later said he often felt like an outsider. Inspired by the miners’ strike of the mid-1980s, he joined the Labour Party at the age of 14.
He’s been a lifelong supporter of Everton Football Club. His wife is Dutch, and the couple has three children. Burnham also has a tattoo of the worker bee — a symbol of industry and solidarity — on his right upper arm.
Today, Burnham is among the most popular politicians in the United Kingdom, and many supporters see him as Labour’s best hope of countering the rise of the right-wing populist Reform UK party of Nigel Farage.
Yet since the Brexit referendum in 2016, the office of British prime minister has become somewhat precarious. Burnham would be the seventh person to hold the position since the referendum a decade ago. If he does succeed Starmer, he will inherit a country still grappling with deep political, economic, and social challenges.
This article was originally published in German on June 22 and updated on July 17 to reflect Andy Burnham being appointed Labour Party leader.
Culled from DW.com
