Legal Expert Warns: Tinubu’s Rivers State Emergency Declaration Could Face Constitutional Challenges

Professor Yadudu Raises Red Flags on Tinubu’s Emergency Powers

Naija News brings you an exclusive take from a leading constitutional lawyer, Professor Auwalu Yadudu, who’s throwing some serious shade on President Bola Ahmed Tinubu’s recent decision. While Tinubu has the legal right to declare a state of emergency in Rivers State, Yadudu warns that the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire state assembly might not hold up in court. Legal experts are scratching their heads over whether this move stays within the bounds of the constitution—or if it’s destined to be overturned.

What Happened in Rivers State?

It all started when President Tinubu announced a state of emergency in Rivers State on Tuesday. This bold move came amid a wave of political chaos in the region. With one stroke of the pen, Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the members of the state House of Assembly were suspended for six months. But here’s the kicker—legal minds are now questioning whether this suspension aligns with the nation’s constitution. And that’s where Professor Yadudu steps in with a strong opinion.

What’s the Constitution Got to Say?

In a candid interview with Daily Trust on Wednesday, Yadudu laid it all out. He pointed out that while the president has the authority to declare a state of emergency under Section 305 of the Constitution, there’s a catch. Both chambers of the National Assembly must approve this declaration within two days if they’re in session—or within ten days if they’re not. But here’s the rub: the Constitution doesn’t spell out exactly what actions can follow such a declaration. It’s a gray area that could leave Tinubu’s decisions wide open to legal challenges.

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Yadudu went on to explain that in the First Republic, under a parliamentary system, an Act of Parliament clearly outlined the steps after a state of emergency. But fast-forward to today’s presidential system, and things look a bit different. The Constitution sets fixed terms for governors and state assemblies, and it lays out specific reasons why those terms can end. Without a clear legal framework for emergency actions, Tinubu might be walking on thin ice.

Lessons from the Plateau State Saga

Professor Yadudu didn’t stop there. He brought up a relevant case from Plateau State, where former Speaker Simon Lalong and former Governor Joshua Dariye faced suspension under former President Olusegun Obasanjo. The courts eventually ruled that Obasanjo didn’t have the power to remove or suspend a governor or house of assembly unless it met the specific grounds outlined in the Constitution. Interestingly, by the time the verdict came down, the six-month suspension period had ended, and both Dariye and the house members were reinstated.

This historical precedent doesn’t bode well for Tinubu’s recent actions. If history repeats itself, the courts could very well strike down his decision, leaving the Rivers State government back in its original form.

What’s the Verdict?

In Yadudu’s expert opinion, Tinubu’s declaration of a state of emergency might hold water if the National Assembly gives it the green light. But the suspension of the governor and state assembly? That’s a different story. “In my view,” Yadudu emphasized, “such power does not entitle him to suspend a governor or members of the House of Assembly.”

He concluded with a stern warning: “If his actions are challenged in court, they could very well be deemed unconstitutional.” For now, the legal battle lines are drawn, and all eyes are on how this unfolds. One thing’s for sure—it’s a situation that’s far from over.