State of Emergency in Rivers State: A Fellow Elected President Cannot Suspend a Fellow Elected Governor
It is Abuse of Executive Power
– Dr. Akpo Mudiaga Odje
By Wilson Macaulay
In the wake of the state of emergency declaration in Rivers State, legal luminary and constitutional expert, Dr. Akpo Mudiaga Odje, has categorically stated that no elected president has the constitutional authority to suspend an elected governor. He argued that such an action lacks legal backing and sets a dangerous precedent for Nigeria’s democracy.
Dr. Odje, in his constitutional analysis, drew parallels between the current situation in Rivers State and the controversial state of emergency declared in Plateau State during the administration of President Olusegun Obasanjo. He noted that in that instance, then-Governor Joshua Dariye challenged the proclamation at the Supreme Court. However, the court never delivered a ruling on the legality of the president’s action, as the appointed sole administrator, Gen. Chris Alli, withdrew Dariye’s case, despite his objections.
According to Dr. Odje, Obasanjo’s legal justification for the move was based on the Emergency Act of 1961/62, a colonial-era law that, he believes, is now being relied upon once again. He further highlighted the role of Chief Afe Babalola, SAN, who advised Obasanjo on the matter, and noted that Attorney General Lateef Fagbemi, SAN, a former protégé of Chief Babalola, may be using the same legal framework to justify the present declaration in Rivers State.
Governors of PDP-Controlled States Must Rise to the Challenge
Dr. Odje challenged the governors of PDP-controlled states to take a united stand against the state of emergency declaration. He noted that while Rivers State is the direct subject of the proclamation, a collective challenge from multiple governors could help test the constitutional validity of the action. However, he acknowledged that their locus standi (legal standing) may be questioned, given that the declaration only directly affects Rivers State.
“The consequence of a proclamation under Section 305 of the Constitution does not include the removal of elected officials or institutions,” Dr. Odje emphasized. “The democratic structures, including the office of the governor and the state assembly, are supposed to continue functioning, albeit under the stricter measures imposed by the federal government to restore law and order.”
He further pointed out that while Section 45(2) of the Constitution allows for some derogation from fundamental human rights during a state of emergency, it does not provide for the suspension or removal of elected officials. Instead, he insists that due process, as outlined in the Constitution, must be followed:
A governor can only be removed through impeachment by the state House of Assembly.
House members can only be recalled by the electorate.
No constitutional provision permits suspension of elected officials under any circumstance.
A Dangerous Precedent for Nigeria’s Democracy
Dr. Odje warned that allowing an elected president to arbitrarily suspend a fellow elected governor threatens the democratic fabric of Nigeria. He stressed that such actions, if unchallenged, could lead to a dangerous abuse of executive power, paving the way for future political manipulations at both state and federal levels.
“The ultimate takeaway,” he concluded, “is that an elected president cannot suspend an elected governor or elected house members. Any attempt to do so is unconstitutional and must be resisted through legal and democratic means.”
As the political and legal drama unfolds, all eyes remain on Rivers State to see whether Governor Siminalayi Fubara and his allies will mount a constitutional challenge to this proclamation. The coming days will be crucial in determining the future of governance and democratic principles in Nigeria.
