State of Emergency: No law permits Tinubu to suspend a Governor – Rotimi Amaechi

Former Governor of Rivers State, Rotimi Amaechi, has strongly condemned President Bola Tinubu’s decisions to suspend Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly, declaring it unconstitutional.

In a statement issued on Wednesday, Amaechi described Tinubu’s action as “brazen and recklessly unilateral,” arguing that it violates Nigeria’s Constitution.

“With this singular move, Mr. President has technically suspended and truncated democracy in Rivers State. This clearly violates our Constitution, the same Constitution of the Federal Republic of Nigeria that Mr. President swore to uphold,” he said.

Referencing Section 188 of the Constitution, Amaechi emphasized that a governor can only be removed through due process, not by a presidential proclamation.

“A democratically elected State Governor cannot be removed from office by a proclamation of Mr. President. The suspension of two key democratically elected arms of Government in Rivers State by Mr. President evidently violates our Constitution, even within the scope and interpretation of Section 305 that the President cited in his broadcast,” he stated.

Amaechi further alleged that the crisis in Rivers State had been deliberately orchestrated by certain individuals seeking to impose themselves on the state. He urged Nigerians, political leaders, and the National Assembly to resist what he described as an “audacious violation” of the nation’s democracy.

His full statement reads;

MY IMMEDIATE REACTION TO THE UNDEMOCRATIC, UNCONSTITUTIONAL, SUSPENSION OF ELECTED STATE OFFICIALS IN RIVERS STATE

Unequivocally, I condemn the rather brazen and unilaterally reckless suspension and removal of the Governor of Rivers State, the Deputy Governor of Rivers State and members of the Rivers State House of Assembly by the President of the Federal Republic of Nigeria, Asiwaju Bola Ahmed Tinubu.

With this singular move, Mr President has technically suspended and truncated democracy in Rivers State. This clearly violates our Constitution, the same Constitution of the Federal Republic of Nigeria that Mr. President swore to uphold.

Section 188 of the Nigeria Constitution, clearly stipulates how a State Governor can be removed from office. And it does not include a fiat declaration, decree or promulgation by Mr. President. Therefore, he cannot appropriate such powers to himself.

A democratically elected State Governor cannot be removed from office by a proclamation of Mr. President. The suspension of two key democratically elected arms of Government in Rivers State by Mr. President evidently violates our Constitution, even within the scope and interpretation of Section 305 that the President cited in his broadcast.

The unlawful suspension of elected democratic institutions in my dear Rivers State points to a brazen attempt at power grab in the State by forces and persons who do not have such Constitutional powers. The unfolding events in Rivers State in the past months, points to a clear orchestrated plot by some persons to unconstitutionally perpetrate and impose themselves on the people.

At this inauspicious moment in our nation’s trajectory, all people of goodwill and conscience should rise to oppose this audacious violation of our Constitution and rape of our democracy. Mr President must be made to know and understand in unmistakable terms that this illegality cannot stand.

Politicians across divides should speak up; rise to halt our nation’s descent into totalitarianism. State Governors and Legislators should speak up now. I urge the National Assembly to reject this illegality.

As a former State Governor and Chairman of Nigeria Governors Forum(NGF), I am not unaware of the role elected Governors in the country can play to halt this descent and reverse the unlawful actions of Mr. President. I commend the Governors that have spoken against the unlawful suspension.

The suspension is a very dangerous affront on Nigeria’s Constitution and democracy.

RT. HON CHIBUIKE ROTIMI AMAECHI