Suspension of Fubara: Section 188 does not include fiat declaration, says Rotimi Amaechi

Ex-governor of Rivers State, Rotimi Amaechi, has condemned the declaration of state of emergency in the state by President Bola Tinubu, who also suspended the state governor, Siminalayi Fubara and members of the assembly for six months.

The state has been enmeshed in a political crisis between Mr Fubara and his godfather who is also the Minister of the Federal Capital Territory, Nyesom Wike. Mr Tinubu in a broadcast on Tuesday took the decision which had drawn condemnation from influential members of the opposition political parties including Atiku Abubakar and Peter Obi.

In a statement on Wednesday, Mr Amaechi said, “Unequivocally, I condemn the rather brazen and unilaterally reckless suspension and removal of the governor of Rivers State, the deputy governor of Rivers State 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.’’

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He stated that the unlawful suspension of elected democratic institutions in his state pointed to a brazen attempt at power grab in the state by forces and persons who didn’t have such constitutional powers.

Mr Amaechi stated, “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 the divide 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.

He stated that as a former governor and ex-Chairman of the Nigerian Governors’ Forum, he was aware of the role elected governors in the country could play to halt the descent and reverse the unlawful actions of Mr Tinubu. He added, “I commend the governors that have spoken publicly against the unlawful suspension. The suspension is a very dangerous affront on Nigeria’s Constitution and democracy.’’

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