Connect with us

Featured

Rivers: Falana faults Tinubu on Suspension of Fubara, Other Elected Officers

Published

on

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

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Featured

How Glo Network Became the Lifeline That Saved Two Lives: A True Story from Sallari

Published

on

By

By Dr. Sani Sa’idu Baba

It was one of those calm, bright mornings in Sallari, a town in Tarauni Local Government Area of Kano State. I had gone to visit my longtime friend and colleague, Dr. Muhammad Umar Abdullahi, at his private facility, Rauda Clinic and Maternity. We were in his office discussing research, the usual challenges of medical practice, and other issues when the sound of hurried footsteps and anxious voices broke the calm. A young man rushed in, calling for the doctor.

Without hesitation, Dr. Muhammad sprang into action. I followed him instinctively. Within moments, two people burst through the gate, one man carrying a weak, heavily pregnant woman in his arms. Her breathing was shallow and wheezy, her face pale, and her body trembling between labor contractions and an asthma crisis. The scene was intense, we both knew that every second counted.

The team quickly moved her to the emergency bed. The Chief Medical Director Dr. Muhammad and his nurses worked swiftly to stabilize her breathing and monitor the baby. Oxygen was connected, IV lines were set, and within minutes, her breathing began to steady. The baby’s heartbeat was strong. After a short but tense period, she delivered a healthy baby girl. Relief filled the room like a gentle wind.

At that moment, I couldn’t help but admire the efficiency and dedication of Rauda Clinic and Maternity. The facility operated with the precision and compassion of a modern hospital. Every member of the team knew their role, every piece of equipment was in place, and the environment radiated calm professionalism. It reminded me that quality healthcare is not only about infrastructure, but about commitment and readiness when it truly matters. Rauda Clinic stood out that day as a quiet pillar of excellence and hope for patients and families alike.

The following day, I placed a call to Dr. Muhammad to ask about the condition of the woman who had been brought in the previous morning. He sounded cheerful and relieved. “Both mother and baby are fine now,” he said. Then, with deep reflection in his voice, he narrated the extraordinary story behind their survival, a story that showed how a single phone call, made at the right moment, became the bridge between life and death. As I listened to him recount the events, I couldn’t help but marvel at how sometimes, survival depends not only on medicine but also on connection.

Her name was Amina, a mother of three. That morning, she was alone at home, her husband was in Dutse, the capital of Jigawa state where he works, and her children had already gone to school. The first wave of pain came suddenly, followed by a tightening in her chest. Within minutes, she was gasping for air, her asthma worsening with every breath. She reached for her phone to call her husband, but the call wouldn’t go through. She tried again and again, each time, “Network error.”

Her strength was fading fast. She tried to reach her neighbors, but again, no connection. Alone, frightened, and struggling to breathe, she said she felt her end was near. Then, a thought crossed her mind, her maid had left her phone in the sitting room that morning. Gathering the last of her strength, Amina crawled toward the television stand where the phone lay.

When she reached it, she noticed the green SIM icon, it was a Glo line. Hope flickered. But when she tried to make a call, she saw there was no airtime. That could have been the end until she remembered Glo’s Borrow Me Credit service. With trembling fingers, she dialed the Glo borrow me code and she got the credit instantly, and that small credit became her lifeline.

Her first attempt to reach her husband failed. Then she dialed her younger brother, Umar. This time, the call went through immediately. Interestingly, Umar is a Glo user too. Without delay, Umar and his wife rushed to her house, found her collapsed on the floor, and carried her into their car.

On their way, Umar called ahead to alert the doctor, and again, the call went through clearly. By a remarkable coincidence, Dr. Muhammad was also using a Glo line. That seamless connection meant the hospital team was fully prepared by the time they arrived. Within minutes, Amina was stabilized, and both she and her baby were safe.

The next morning, Dr. Muhammad told me that Amina had smiled faintly and said to him, “Doctor, when every other network failed me, Glo answered. If that call hadn’t gone through, I wouldn’t be here today.”

Her words carried a truth that stayed with me. It wasn’t just a patient’s gratitude, it was a testimony about the power of reliable connection. At that moment, Glo wasn’t just a telecommunications network, it was the bridge between life and death, between despair and hope.

In today’s world, a simple phone call can determine whether someone lives or dies. That day reminded me that technology, when dependable, is not just about data speed, it’s about human connection at its most critical. Glo proved to be that connection: steady, available, and trustworthy when it mattered most.

Before she was discharged, she laughed and told the doctor she had already chosen a nickname for her baby “Amira Glo.” They both laughed, but deep down, Dr. Muhammad understood the meaning behind that name. It symbolized gratitude, faith, and survival.

As I ended the call with Dr. Muhammad that day, I felt a quiet pride. I had witnessed not just the miracle of life, but the harmony of medicine, compassion, and reliable technology. Through Rauda Clinic and Maternity, I saw what true service means, dedication without boundaries, and connection that saves.

Amina’s story isn’t an advert, but living proof that sometimes, when every other signal fades, Glo stands firm, and when every other facility seems far away, Rauda Clinic and Maternity remains a beacon of care and excellence.

For patients, families, and health workers alike, Glo is proven to be a network of necessity. It connects life to hope, when every second truly counts…

Dr. Sani Sa’idu Baba writes from Kano, and can be reached via drssbaba@yahoo.com

Continue Reading

Featured

Delta Govt Confirms Death of Senator Nwaoboshi at 68

Published

on

By

Senator Peter Onyelukachukwu Nwaoboshi, the former lawmaker who represented Delta North Senatorial District in the National Assembly, has passed away. He was 68.

Reports said that Nwaoboshi died on Friday in Abuja following a brief illness.

His demise was confirmed in a condolence statement issued by the Delta State governor, Rt. Hon. Sheriff Oborevwori.

Expressing sorrow, the governor described Nwaoboshi’s passing as a monumental loss to Delta State, the Anioma nation, and the Nigerian federation.

In the statement by his Chief Press Secretary, Sir Festus Ahon, Governor Oborevwori hailed the late Senator as a “fearless advocate” of the Anioma cause whose contributions to nation-building remain indelible.

The governor recalled Nwaoboshi’s impactful tenure in the Red Chamber, particularly his role as Chairman of the Senate Committee on Niger Delta Affairs.

He noted that Nwaoboshi’s consistent advocacy for the development of the oil-rich region distinguished him as a passionate and committed leader.

“On behalf of the government and people of Delta State, I mourn the passing of my dear friend, Senator Peter Onyelukachukwu Nwaoboshi,” the governor said.

“I extend my heartfelt condolences to his immediate family, the people of Anioma nation, members of the All Progressives Congress (APC), and all those whose lives he touched. I pray that Almighty God grant his soul eternal rest.”

Before his elevation to the Senate in 2015, he served meritoriously as a two-term Chairman of the Peoples’ Democratic Party (PDP) in Delta State, where he was instrumental in consolidating the party’s grip on the State.

Continue Reading

Featured

Ribadu’s Office Denies Arming Miyetti Allah in Kwara

Published

on

By

The National Counter Terrorism Centre (NCTC), under the office of the National Security Adviser Mallam Nuhu Ribadu, has refuted claims that it armed members of the Miyetti Allah group for counter-terrorism operations in Kwara State.

The Head of Strategic Communication at NCTC, Mr. Michael Abu, issued the rebuttal on Wednesday in Abuja.

Abu described the reports circulated by some online platforms as false and misleading, saying they misrepresented ongoing security operations in forested areas of the state.

He said that in line with the Terrorism Prevention and Prohibition Act, 2022, it continued to coordinate and support law enforcement, security and intelligence agencies in countering all forms of terrorism across the country.

NCTC spokesman explained that Nigeria’s counter-terrorism efforts guided by the National Counter Terrorism Strategy (NACTEST), involved the deployment of hybrid forces comprising regular security personnel and trained auxiliaries such as hunters and vigilante elements, particularly in difficult terrains.

According to him, the hybrid approach, which was previously deployed with the Civilian Joint Task Force in the North-East, is currently being applied in parts of the North-West and North-Central, including Kwara State, and has recorded several successes against banditry and other criminal activities.

He stressed that the Federal government was not conducting kinetic operations with any socio-cultural group, adding that claims that the Office of the National Security Adviser provided arms to such organisations are unfounded and should be disregarded.

According to him, all auxiliary personnel involved in hybrid operations were recruited directly by authorised security and intelligence agencies after due diligence, and that all operations were conducted strictly in line with the law and established standard operating procedures.

He urged the media to exercise responsibility by protecting sensitive security information and seeking clarification through designated official spokespersons, while advising the public to ignore unverified reports capable of undermining ongoing operations.

He reaffirmed the centre’s commitment to transparency and stakeholder engagement to deepen public understanding of Nigeria’s counter-terrorism efforts.

Continue Reading

Trending