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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

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Certificate Forgery: Group Seeks Tinubu’s Disqualification from 2027 Election

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The Centre for Reform and Public Advocacy (CFRPA) has filed a suit at the Federal High Court in Kano seeking the disqualification of President Bola Ahmed Tinubu from the 2027 presidential election over allegations of certificate forgery.

‎According to court documents seen by Daily Trust, the plaintiff alleged that Tinubu presented forged academic certificates from Chicago State University and a fake National Youth Service Corps (NYSC) discharge certificate to the Independent National Electoral Commission (INEC) during the 2023 elections.

‎‎The suit, marked FHC/K/CS/312/2026, lists Tinubu, INEC, and Chicago State University as defendants.

‎The plaintiff contended that Tinubu never attended Government College Lagos as claimed, noting that the school was established in 1974, four years after Tinubu allegedly graduated.

The CSO further argued that Tinubu does not possess a valid secondary school certificate, which is the minimum constitutional requirement to contest for the presidency.

‎It claimed that INEC had failed to act on its petition dated June 19, 2026, demanding clarification on Tinubu’s eligibility.

‎‎In its statement of claims, the group referenced a 2023 U.S. court ruling in In Re: Application of Atiku Abubakar (No. 23 CV 05099), which compelled Chicago State University to release Tinubu’s academic records.

‎The plaintiff insisted those records revealed false entries and inconsistencies, including a forged University of Cambridge General Certificate of Education.

‎The prayers asked by the plaintiff included declaration of forgery against Tinubu’s Chicago State University certificate, issuance of an order directing INEC to disqualify him from the 2027 presidential election, directing CSU to strike Tinubu’s name from its records and perpetual injunction restraining INEC from uploading Tinubu’s name as a candidate.

‎The plaintiff also submitted affidavits of non-multiplicity of action, witness statements, and letters to the NYSC and the Secretary to the Government of the Federation, demanding disclaimers on the alleged fake NYSC certificate.

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Lagos Island Red Cross Holds Annual Thanksgiving Service

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By Eric Elezuo

The Lagos Island Division of the Nigerian Red Cross Society, has held its 2026 Annual Thanksgiving, to express gratitude for another year of provision of succor and comfort to as many that are in need.

The thanksgiving service, which was held at the Cathedral Church of Christ, Marina, Lagos, on the last Sunday of June, was led by the Division Coordinator, Chief (Olori) Aderonke Elegushi.

Speaking to The Boss on the activities of the Island Division of the Red Cross over the years, Olori Elegushi noted that it has been a thing of joy to be at the forefront of releasing the milk of human kindness to as many that needs it, and when they need it.

Coordinator, Lagos Island Division Nigerian Red Cross Society, Chief (Olori) Aderonke Elegushi (m), Vice Coordinator Abimbola Adeshile (2nd left), Secretary Ajibola Adu (2md right) and Saheed Ayinde Yusuf (1st right)

“This is what I love to do, and this is what the Red Cross is all about; lending helping hand and spreading love across borders, especially here in Lagos Island.

“In everything, we won’t forget our Maker, the Almighty God, through whose power we are able to do the little and much we can do. That explains why we here today to give thanks as it’s a tradition every year,” Olori Elegushi said.

Olori Elegushi also noted that as an not for profit organization, the Society seeks support well-meaning Nigerians and Lagosians to come to their aid so that the gospel of continuous lending of helping hand to the needy will continue unabated.

“We also seek the support of well-meaning individuals, organizations, and the Church in our efforts to expand our humanitarian activities. With adequate funding and partnerships, we can organize first aid and health awareness programmes for public school students, train more volunteers, equip communities with emergency preparedness skills, and carry out outreach programmes that will positively impact lives across our society,” she concluded.

Olori Elegushi, who will soon join the octogenarian club, was accompanied at the thanksgiving event, by Vice Coordinator Abimbola Adeshile, Secretary Ajibola Adu, Saheed Ayinde Yusuf, and a host of other members, dressed in their sparkling white uniform.

The Red Cross Society is an international organizational saddled with the responsibility of providing healthcare services among other humanitarian services to the people of the world. The Society is domiciled in every part of the world.

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Insecurity: Adeboye, Oyedepo Urge More US Military Action in Nigeria

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The General Overseer of Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, and Founder of Living Faith Church Worldwide, Bishop David Oyedepo, have thanked U.S. President Donald Trump for recent military action against terrorism in Nigeria, urging Washington to do more to halt the unrelenting attacks.

Both clerics spoke at the “Faith Heroes Award Gala” in Washington D.C. on June 26, 2026, organised by Save Nigeria Group USA, SNGUSA, with the US-Nigeria Civil Society Coalition.

The event honoured Trump, Congressmen Chris Smith and Riley Moore, and other advocates of religious freedom in Nigeria.

Addressing a packed audience of activists, policymakers and faith leaders at the Hilton Garden Inn, Capitol Hill, Adeboye said the scale of violence has moved beyond what any religious leader can handle alone.

“Terrorism is now at my doorstep,” he said. “If you want to help us, help us more.”

The RCCG leader, who had faced criticism for not speaking out earlier, said he chose “spiritual warfare” instead of public escalation. He noted that Trump’s December strikes on terrorist camps did not surprise him because the U.S. President had warned of consequences.

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