Tinubu’s suspension of Fubara, deputy, other elected officials unconstitutional: Fara Dagogo

According to Fara Dagogo, the only legal way to remove a governor or a deputy governor is through impeachment by the state parliament.

News Agency of Nigeria • March 19, 2025

President Bola Tinubu [Credit: Nairaland Forum]

Fara Dagogo, a former lawmaker in the House of Representatives (Degema-Bonny federal constituency), says the declaration of a state of emergency in Rivers by President Bola Tinubu is a slap on the Constitution.

Mr Dagogo said on Tuesday in a statement while reacting to the emergency rule declared on Rivers. He said that the declaration was questionable under the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Mr Dagogo said the legal basis for the declaration rested on whether or not the public order and public safety had truly broken down, justifying the invocation of emergency powers.

Speaking on the legality of the suspension of the Rivers governor, his deputy, and state lawmakers, Mr Dagogo said the controversial aspect of the declaration was their suspension under the 1999 Constitution.

According to him, the only legal way to remove a governor or a deputy governor is through impeachment by the state parliament under Section 188.

He stated that the Constitution did not grant the president the power to suspend or remove a governor or a deputy governor outside the impeachment process or a valid resignation.

Mr Dagogo said section 11(4)(5) stated that only the National Assembly could take over the legislative functions of a state parliament in cases where it could not function. It does not allow for the suspension of elected lawmakers.

Mr Dagogo explained that given the constitutional provisions, Mr Tinubu’s suspension of elected officials was unconstitutional, as no provision in the 1999 constitution granted such powers.

He said the appointment of Ibokette Ibas as the administrator to govern Rivers raised another constitutional issue.

“The 1999 Constitution does not recognise the office of an ‘administrator’ in place of an elected governor. ’The Constitution only provides for a governor elected by the people (Section 176(1)), a deputy governor elected alongside the Governor (Section 186),” he said.

Mr Dagogo mentioned that the only situation where an unelected official could assume control of a state is under military rule, which was not applicable under a democratic system governed by the 1999 constitution.

(NAN)

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