• 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
2 UK-Based Nigerian Women Launch AI Platform to Help SMEs Predict Failure

2 UK-Based Nigerian Women Set To Launch AI Platform to Help SMEs Predict Failure

January 13, 2026
Popular Lagos Monarch, Akran of Badagry, Dies

Popular Lagos Monarch, Akran of Badagry, Dies

January 12, 2026
CAC Adenuga Celebrates Maritime Journalists, Credits CGC Adeniyi’s Media Collaboration for Customs Success

How Seme Customs Command Recorded Highest Revenue, ₦15.6 Bn in 2025 – Comptroller Adenuga

January 12, 2026
How Technology Assisted Apapa Customs to Hit N2.93tn with B’Odogwu System in 2025 – Controller Oshoba

How Technology Assisted Apapa Customs to Hit N2.93tn with B’Odogwu System in 2025 – Controller Oshoba

January 12, 2026
Fidelity Bank Boosts Education in Makoko with Learning Aids

Fidelity Bank Boosts Education in Makoko with Learning Aids

January 12, 2026
Wema Bank Unveils Upgraded ALAT App to Deliver Faster, Smarter Customers Experience 

Wema Bank Unveils Upgraded ALAT App to Deliver Faster, Smarter Customers Experience 

January 12, 2026
NCC Announces Final Deadline for NIN-SIM Linkage

Consumers to Get Faster Refunds as NCC, CBN Finalise Framework for Failed Transactions

January 12, 2026
FirstBank Hits ₦500 Bn Regulatory Milestone, As Shareholders commit to More Capital

FirstBank Hits ₦500 Bn Regulatory Milestone, As Shareholders Commit to More Capital

January 6, 2026
Odu’a Investment Elevates Abiodun Bamiduro to Board as ED/Group CFO

Odu’a Investment Elevates Abiodun Bamiduro to Board as ED/Group CFO

January 4, 2026
FirstBank to Spark Growth Talks at Nigeria Economic Outlook 2026

FirstBank to Spark Growth Talks at Nigeria Economic Outlook 2026

January 3, 2026
Seyi Tinubu, Fuji Singer Atawewe Bag Eyo Chieftaincy Titles in Lagos

Seyi Tinubu, Fuji Singer Atawewe Bag Eyo Chieftaincy Titles in Lagos

December 27, 2025
Senator Solomon Olamilekan Adeola (Yayi): Rise And Rise of a National Political Icon

Senator Solomon Olamilekan Adeola (Yayi): Rise And Rise of a National Political Icon

December 26, 2025
Eko Drive IV

Eko Drive IV Thrills Lagos, Showcases Auto Excellence

December 26, 2025
Eyo Festival 2025: 20 Things To Note As Lagos Most Iconic Cultural Event Returns 8 Years After

Eyo Festival 2025: 20 Things To Note As Lagos Most Iconic Cultural Event Returns 8 Years After

December 26, 2025
Lagos Police Arraign Beniniose couple, Accomplice Over Alleged Murder of TikTok Lover

Lagos Police Arraign Beniniose couple, Accomplice Over Alleged Murder of TikTok Lover 

December 24, 2025
How GTCO Food and Drink Festival Is Powering SME Expansion — Ayoola, Teeriel Foods The 2025 GTCO Food and drinks

How GTCO Food and Drink Festival Is Powering SME Expansion — Ayoola, Teeriel Foods

December 22, 2025
Friday, January 16, 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:  Fraud: Sepp Blatter, Platini Cleared by Swiss court After six-year Investigation

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:  USA Reveals What Visa Applicants Denied by Trump Should Do Now

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:  Croatia's President Secures Second Term in Decisive Victory

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

2 UK-Based Nigerian Women Launch AI Platform to Help SMEs Predict Failure
News

2 UK-Based Nigerian Women Set To Launch AI Platform to Help SMEs Predict Failure

by TheConscience NG
January 13, 2026
Popular Lagos Monarch, Akran of Badagry, Dies
News

Popular Lagos Monarch, Akran of Badagry, Dies

by TheConscience NG
January 12, 2026
CAC Adenuga Celebrates Maritime Journalists, Credits CGC Adeniyi’s Media Collaboration for Customs Success
News

How Seme Customs Command Recorded Highest Revenue, ₦15.6 Bn in 2025 – Comptroller Adenuga

by TheConscience NG
January 12, 2026
How Technology Assisted Apapa Customs to Hit N2.93tn with B’Odogwu System in 2025 – Controller Oshoba
News

How Technology Assisted Apapa Customs to Hit N2.93tn with B’Odogwu System in 2025 – Controller Oshoba

by TheConscience NG
January 12, 2026
Fidelity Bank Boosts Education in Makoko with Learning Aids
News

Fidelity Bank Boosts Education in Makoko with Learning Aids

by TheConscience NG
January 12, 2026
Wema Bank Unveils Upgraded ALAT App to Deliver Faster, Smarter Customers Experience 
Business

Wema Bank Unveils Upgraded ALAT App to Deliver Faster, Smarter Customers Experience 

by TheConscience NG
January 12, 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

  • 2 UK-Based Nigerian Women Set To Launch AI Platform to Help SMEs Predict Failure
  • Popular Lagos Monarch, Akran of Badagry, Dies
  • How Seme Customs Command Recorded Highest Revenue, ₦15.6 Bn in 2025 – Comptroller Adenuga
  • How Technology Assisted Apapa Customs to Hit N2.93tn with B’Odogwu System in 2025 – Controller Oshoba
  • Fidelity Bank Boosts Education in Makoko with Learning Aids

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