• 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
IGP Appoints DSP Babaseyi Oluseyi as New PPRO Ogun State Police Command

IGP Appoints DSP Babaseyi Oluseyi as New PPRO Ogun State Police Command

December 4, 2025
Gunshots, Frame-Ups, Extortion: Lagos Community Accuses Police Officer of Terrorising Residents

Gunshots, Frame-Ups, Extortion: Lagos Community Accuses Police Officer of Terrorising Residents

December 3, 2025
Pinnick Bullish On Nigeria’s Prospects For 2026 World Cup Qualification

Boniface, Aina, Iheanacho Return As Chelle Unveils Nigeria’s Provisional AFCON Squad

December 2, 2025
Seven Killed As Troops Engage Boko Haram/ISWAP Terrorists In Borno

Army Raids, Smashes Terror Networks Nationwide

December 2, 2025
Abia Govt Sacks Civil Servants Over Salary Fraud

Gunmen Attack Governor Otti’s Advance Team In Imo

December 2, 2025
Adebayo Adedamola Emerges PDP’s Osun Guber Candidate

Adebayo Adedamola Emerges PDP’s Osun Guber Candidate

December 2, 2025
Davido Reacts To Adeleke Resignation From PDP Amid Party Crisis

Davido Reacts To Adeleke Resignation From PDP Amid Party Crisis

December 2, 2025
Femi Adebayo Defends Odunlade Adekola’s ‘Warlord’ Amid Online Criticism

Femi Adebayo Defends Odunlade Adekola’s ‘Warlord’ Amid Online Criticism

December 2, 2025
Sowore slams Tinubu’s Electoral Reforms, Urges Nigerians To Take Action Before Next Elections

Alleged Cybercrime: Court Grants Sowore Bail, Bars Him From Inciting Public Against Tinubu

December 2, 2025
Gov.Adeleke Presents N705.794bn 2026 Budget

Governor Ademola Adeleke Resigns From PDP

December 2, 2025
Police Arrest Most Wanted Hired killer In Lagos

Enugu Police Arrest Man For Alleged Murder Of 19-Year-Old Cousin

December 2, 2025
Why Court Ordered Senate To Recall Natasha

Court Grants FG’s Request To Shift Natasha’s Trial To 2026

December 1, 2025
Gov.Adeleke Presents N705.794bn 2026 Budget

Omisore, Alabi Tackle Adeleke, Say ‘Osun Doesn’t Deserve A Dancing Governor’

December 1, 2025

French Court Jails Mayor Over Sex Tape Blackmail Plot

December 1, 2025
OfadaBoy, PocketMoni, LASG, Others to Power 7th Ofada Rice Day Festival

OfadaBoy, PocketMoni, LASG, Others to Power 7th Ofada Rice Day Festival

December 1, 2025
Nigerian Academic, AI innovator , Oluganna nominated for UK Global talent , innovator support initiative

Nigerian Academic, AI Innovator, Oluganna Nominated for UK Global Talent, Innovator Programme

November 29, 2025
Friday, December 5, 2025
  • 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:  Why Falana Asked Tinubu To Remove Ibas

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:  Why Police Will Restrict Movement in Lagos on Saturday

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:

  • Click to share on X (Opens in new window) X
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to 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

IGP Appoints DSP Babaseyi Oluseyi as New PPRO Ogun State Police Command
News

IGP Appoints DSP Babaseyi Oluseyi as New PPRO Ogun State Police Command

by TheConscience NG
December 4, 2025
Gunshots, Frame-Ups, Extortion: Lagos Community Accuses Police Officer of Terrorising Residents
Crime/General

Gunshots, Frame-Ups, Extortion: Lagos Community Accuses Police Officer of Terrorising Residents

by TheConscience NG
December 3, 2025
Pinnick Bullish On Nigeria’s Prospects For 2026 World Cup Qualification
Sports

Boniface, Aina, Iheanacho Return As Chelle Unveils Nigeria’s Provisional AFCON Squad

by Reporter theconscienceng
December 2, 2025
Seven Killed As Troops Engage Boko Haram/ISWAP Terrorists In Borno
News

Army Raids, Smashes Terror Networks Nationwide

by Reporter theconscienceng
December 2, 2025
Abia Govt Sacks Civil Servants Over Salary Fraud
News

Gunmen Attack Governor Otti’s Advance Team In Imo

by Reporter theconscienceng
December 2, 2025
Adebayo Adedamola Emerges PDP’s Osun Guber Candidate
Politics

Adebayo Adedamola Emerges PDP’s Osun Guber Candidate

by Reporter theconscienceng
December 2, 2025
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

  • IGP Appoints DSP Babaseyi Oluseyi as New PPRO Ogun State Police Command
  • Gunshots, Frame-Ups, Extortion: Lagos Community Accuses Police Officer of Terrorising Residents
  • Boniface, Aina, Iheanacho Return As Chelle Unveils Nigeria’s Provisional AFCON Squad
  • Army Raids, Smashes Terror Networks Nationwide
  • Gunmen Attack Governor Otti’s Advance Team In Imo

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