Supreme Court Rules: Governors Can't Be Removed During State Of Emergency – Rep. Aguocha

Rep. Aguocha Speaks Out: President Tinubu Overstepped Constitutional Bounds

Listen up, folks. Things are heating up in the political arena. Representative Obi Aguocha, representing the Ikwuano-Umuahia Constituency, is raising his voice against President Bola Tinubu's decision to suspend Governor Siminalayi Fubara, along with his deputy and members of the Rivers State House of Assembly. Let me break this down for you.

Naija News reported that President Tinubu made this bold move on Tuesday. But here’s the twist—while the Minister of Justice, Lateef Fagbemi, insists the President acted within constitutional rights, many opposition political parties, politicians, and even the Nigeria Bar Association (NBA) are crying foul, calling the action illegal.

Aguocha Drops Knowledge: What the Supreme Court Said in 2013

In a candid interview with Arise News on Wednesday, Aguocha dished out some serious legal insight. He reminded everyone that back in 2013, the Supreme Court made it crystal clear: even in a state of emergency, the democratic structure of a state cannot be dissolved or removed. In other words, no matter what happens, the elected leaders of a state cannot just be wiped off the map.

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Now, let’s dive deeper. Section 188 of the 1999 Constitution, as amended, lays out exactly how a governor can be removed. And guess what? It’s not by presidential decree. Aguocha explained it like this:

“In the landmark case between the AG Federation and AG Lagos in 2013, the Supreme Court ruled that under no circumstances—none whatsoever—should the democratic structures of a state be dissolved or removed, even during a state of emergency. Furthermore, Section 305 spells out the specific conditions that warrant a state of emergency. While the President has the authority to declare a state of emergency, he doesn’t have the right to dissolve an elected governor, deputy governor, or members of the House of Assembly.”

Aguocha’s Take: Section 305 Doesn’t Go That Far

Representative Aguocha doubled down on his argument, saying, “Section 305 doesn’t grant the President the power to go beyond declaring a state of emergency. Even if you’re not a lawyer, common sense tells you that. The President can declare a state of emergency, but removing elected officials? That’s a whole different ballgame.”

He continued, emphasizing the importance of following the Constitution: “Section 188 of the Constitution clearly outlines the procedures for removing a governor or deputy governor. In this case, Governor Fubara and his deputy can only be removed through impeachment or if they pass away. It’s as simple as that.”

So there you have it, folks. This isn’t just about politics—it’s about upholding the rule of law and ensuring that the Constitution is respected. As Aguocha pointed out, we must protect the democratic structures that form the backbone of our nation. Let’s hope this sparks meaningful conversations and actions moving forward.