• Latest
  • Trending
  • All
Falana Sues Meta, Seeks $5m For Invasion Of Privacy

Falana Condemns Suspension of Fubara, Urges Tinubu to Rescind Decision Immediately

March 19, 2025
Kperogi: No Sympathy for El-Rufai, Malami

Kperogi: Why El-Rufai, Malami Don’t Deserve Sympathy 

March 31, 2026
Plateau Orders 48-Hour Curfew as UNIJOS Suspends Exams Over Deadly Attack

Plateau Orders 48-Hour Curfew as UNIJOS Suspends Exams Over Deadly Attack

March 30, 2026
Telecom Operators Directed to Compensate Subscribers for Poor Service

Telecom Operators Directed to Compensate Subscribers for Poor Service

March 30, 2026
National Police Day 2026 Celebrations Unveiled in Lagos 

National Police Day 2026 Celebrations Unveiled in Lagos 

March 27, 2026
FirstBank Powers SMEConnect

FirstBank to Equip SMEs with AI-Driven Growth Strategies at SMEConnect Webinar

March 26, 2026

Purposeful Leadership, Intra-Party Stability Key to Democratic Success – Haske

March 25, 2026
Kennedy Okwudili as an Executive Director of the bank effective May 1, 2026. The appointment, which is consistent

Zenith Bank Elevates Kennedy Okwudili to Executive Director

March 25, 2026
Lagos Police Arrest Notorious Exotic Car Vandal Syndicate, Recover Exhibits

Lagos Police Arrest Notorious Exotic Car Vandal Syndicate, Recover Exhibits

March 25, 2026
Now I Know Why Primate Ayodele Is Always Heavily Criticized

Now I Know Why Primate Ayodele Is Always Heavily Criticized

March 18, 2026
Women Entrepreneurs Applaud Ecobank’s Ellevate Initiative

Women Entrepreneurs Applaud Ecobank’s Ellevate Initiative for Driving Business Growth

March 18, 2026
PSC Committee Chairman, Lakanu Visits Lagos Command to Assess Recruitment Exercise, Commends CP

PSC Committee Chairman, Lakanu Visits Lagos Command to Assess Recruitment Exercise, Commends CP

March 17, 2026
NBA Faults Abuja Judge For Ordering Sowore’s Lawyer to Kneel down in Court

NBA Faults Abuja Judge For Ordering Sowore’s Lawyer to Kneel In Court 

March 17, 2026
FG Declares Public Holidays for Eid-ul-Fitr 2026

FG Declares Public Holidays for 2026 Eid-ul-Fitr

March 17, 2026
Odu’a Investment Expands Financial Services Portfolio with 10% Stake in FCMB Pensions

Odu’a Investment Expands Portfolio with 10% Stake in FCMB Pensions

March 17, 2026
Zenith Bank Expands Global Footprint With Manchester Office

Zenith Bank Extends Global Footprint With New Manchester Office 

March 16, 2026
Sanwo-Olu Revives Environmental Sanitation in Lagos After 9 Years, Begins in April

Sanwo-Olu Revives Environmental Sanitation in Lagos After 9 Years, Begins in April

March 14, 2026
Tuesday, March 31, 2026
  • Login
  • News
  • Business
  • Politics
  • Crime
  • Entertainment
  • Featured
  • Icons
  • Opinion
  • World
  • Tech
No Result
View All Result
No Result
View All Result
  • News
  • Business
  • Politics
  • Crime
  • Entertainment
  • Featured
  • Icons
  • Opinion
  • World
  • Tech
Home News

Falana Condemns Suspension of Fubara, Urges Tinubu to Rescind Decision Immediately

by Reporter theconscienceng
March 19, 2025
in News, Politics, Trending
0
Falana Sues Meta, Seeks $5m For Invasion Of Privacy
Share on FacebookShare on Twitter
Share on Facebook Share
Share
Share on Twitter Share
Share
Share on Linkedin Share
Share

IMG 20250210 WA0001

Falana Condemns Suspension of Fubara, Urges Tinubu to Rescind Decision Immediately

Senior Advocate of Nigeria, 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 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.”

READ MORE:  Transcorp Hotels records impressive turnaround in Q3 2021, As Profit Rises by 662%

Read the full statement below:

ILLEGALITY OF DISSOLUTION OF ELECTED DEMOCRATIC STRUCTURES IN NIGERIA.

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.”

READ MORE:  Cybercrime: Interpol nabs two Nigerians in South Africa

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.

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”

READ MORE:  Nigerians Have Recognised Abiola As ‘Elected President’ Since 1993, Says Falana

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

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
  • Share on WhatsApp (Opens in new window) WhatsApp

Like this:

Like Loading...

Related

Tags: Femi Falana
ShareTweet
Previous Post

More Money As FAAC’s Share For FG, States, LG Jumps By 43% To N15tn

Next Post

Reps Begin Plenary In Heated Arguments Over Rivers Emergency Rule

Reporter theconscienceng

Reporter theconscienceng

Related Posts

Kperogi: No Sympathy for El-Rufai, Malami
News

Kperogi: Why El-Rufai, Malami Don’t Deserve Sympathy 

by TheConscience NG
March 31, 2026
Plateau Orders 48-Hour Curfew as UNIJOS Suspends Exams Over Deadly Attack
Crime/General

Plateau Orders 48-Hour Curfew as UNIJOS Suspends Exams Over Deadly Attack

by TheConscience NG
March 30, 2026
Telecom Operators Directed to Compensate Subscribers for Poor Service
Tech

Telecom Operators Directed to Compensate Subscribers for Poor Service

by TheConscience NG
March 30, 2026
National Police Day 2026 Celebrations Unveiled in Lagos 
News

National Police Day 2026 Celebrations Unveiled in Lagos 

by TheConscience NG
March 27, 2026
FirstBank Powers SMEConnect
News

FirstBank to Equip SMEs with AI-Driven Growth Strategies at SMEConnect Webinar

by TheConscience NG
March 26, 2026
Politics

Purposeful Leadership, Intra-Party Stability Key to Democratic Success – Haske

by TheConscience NG
March 25, 2026
Next Post
Reps Begin Plenary In Heated Arguments Over Rivers Emergency Rule

Reps Begin Plenary In Heated Arguments Over Rivers Emergency Rule

No Result
View All Result

Recent Posts

  • Kperogi: Why El-Rufai, Malami Don’t Deserve Sympathy 
  • Plateau Orders 48-Hour Curfew as UNIJOS Suspends Exams Over Deadly Attack
  • Telecom Operators Directed to Compensate Subscribers for Poor Service
  • National Police Day 2026 Celebrations Unveiled in Lagos 
  • FirstBank to Equip SMEs with AI-Driven Growth Strategies at SMEConnect Webinar

Get the latest news on the go!

Enter your email address

© 2025 TheConscience NG

TheConscience NG

  • About
  • Contact Us
  • Privacy-Policy
  • Terms and Conditions
  • TheConscienceNg.com | Breaking & Verified Nigerian News on the go!

Follow Us

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
X
Subject:
Message:
Ajax loader
No Result
View All Result
  • News
  • Business
  • Politics
  • Crime
  • Entertainment
  • Featured
  • Icons
  • Opinion
  • World
  • Tech

© 2025 TheConscience NG

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.
Share with friends
Share on Facebook Share
Share
Share on Twitter Share
Share
Share on Linkedin Share
Share
%d