“HURIWA absolutely rejects the unconstitutional exercise of strange and undemocratic powers of suspension as announced by the president who was similarly elected and inaugurated just like the governors and legislators in the Houses of Assembly.

“This unconstitutional takeover of another branch of government in Rivers state under Governor Siminalayi Fubara by an elected civilian president and his grotesque, nebulous and sham decision to bring back a retired Naval chief to exercise the same powers of an elected governor is a calculated attempt to establish a dictatorship.

“Unfortunately, the judiciary in Nigeria is in the pockets of the presidency and some key ministers. So it is unlikely that an independent and the correct pronouncement on this illegal declaration of a state of emergency in Rivers state can be determined under this toxic atmosphere of complete state capture.”

Besides, HURIWA said the decision by the president smacks of filthy hypocrisy because we in the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA just like many patriotic citizens can still recall

that few years back when President Goodluck Jonathan declared a state of emergency in Adamawa, Borno and Yobe States in May 2013, Jonathan rightly jettisoned the illegal counsels of some power grabbers to remove the elected governors and dissolve other democratic structures in the affected states. Tinubu who was in the opposition political party flatly condemned President Goodluck Jonathan.

HURIWA affirmed categorically that a plethora of constitutional provisions, back our assertion that State tier of government do not answer to the Federal government as they are separate and  coexists as a Federation and the President has only authority over federal cabinet and any attempt to usurp and collapse the power of an elected governor even if temporarily is unlawful and should be rejected by the National Assembly. The President even in exercising the powers donated to his office in section 305 of the Constitution, lacks the legal powers to suspend another elected head of a branch of government inaugurated under the provisions of the Grund Norm.

HURIWA a Pro-democracy Advocacy organization, expressed deep concern that this unlawful suspension sets a toxic and very dangerous precedent for a power crazy dictator  masked as democratocally elected president even as we are convinced that a state of emergency in Rivers state is uncalled for since there is no clear evidence of any total breakdown of law and order.

We think that since the Rivers state House of Assembly whose majority of the members are loyalists of the minister of the FCT, had made it impossible for governor Siminialayi Fubara to present the 2025 budget, the national assembly has the power to take over powers of state assembly and allowing it to be hijacked by the federal executive Council in which one of the prominent protagonists in the political instability in Rivers state is a member (minister of FCT) amounts to  a coup against democracy.

We wholeheartedly restate that President Bola Tinubu has no power to suspend a governor but if he was enthusiastic of exercising such a power, then he could have directed it to his minister who was one of those stoking up the fire of political warfare and was behind the rebellious Rivers state House of Assembly who engineered an illegal plot to unseat governor Fubara.

HURIWA affirms in solidarity with like minded patriots, that the suspension of a sitting Governor under the guise of a state of emergency encapsulated in section 305(1) of the Constitution is an illegal and unconstitutional act, and is simply  a coup against democracy.

HURIWA emphasized that since the Supreme Court made the controversial judgment, Governor Fubara had vigourously adopted all the right steps towards implementing the decision but unfortunately the recalcitrant 27 members of the Rrivers State House of Assembly loyal to the FCT minister, decidedly undermined and sabotaged every steps made by the Rivers state governor to comply with the judgment because they were actually hoping to create the phantom instability to allow the biased and one-sided president to make an attempt to unseat the governor illegally which has just happened. This whole declaration of a state of emergency is an unmitigated charade which should be voided.

HURIWA said evidence abound that the Rivers state Governor wrote another letter to the 27-members legislators loyal to Wike and these loyalists of Nyesom Wike claimed that they  have gone on recess on Friday evening only for these same set of legislators who vacated on Friday evening to be flown into PortHarcourt on Monday to claim they have commenced a purported impeachment with the subterranean motive to frustrate governance in Rivers State under Governor Fubara.

“This suspension is in Violation of Section 1(2) of the 1999 Constitution (As Amended) The Constitution expressly prohibits any forceful takeover of government outside democratic and constitutional processes: The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.” Suspending a sitting governor violates this provision, as no state of emergency grants the President the power to remove or suspend a duly elected official.

“The nation’s apex court has consistently ruled that the declaration of a state of emergency does not empower the President to remove elected officials during the period of the emergency. In the case of A.G. Federation v. A.G. Lagos State (2013) LPELR-20974(SC), the Supreme Court ruled that: “Under no circumstances shall the democratic structures be suspended or dissolved, even in a state of emergency.” In the case of A.G. Plateau State v. A.G. Federation (2006), the Supreme Court invalidated the removal of elected officials during a state of emergency in Plateau State.

“In 2013, former President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states, yet: He did not remove or suspend the governors. He stated that “all democratic structures remain intact” while security operations intensified.”

The Constitution is unequivocal in its provisions regarding the removal of a duly elected governor. Section 188 clearly outlines the impeachment process, which is the sole legal mechanism for removing a governor, and it is exclusively the prerogative of the State House of Assembly. Nowhere in the Constitution is the President granted the authority to suspend a governor or their deputy.

Besides, Section 11(4) and (5) of the Constitution allows the National Assembly to intervene in the affairs of a State House of Assembly only in cases where the Assembly is unable to perform its functions due to crisis. Even in such circumstances, this provision does not extend to suspending an elected governor or deputy. Additionally, Section 308 grants immunity to governors and their deputies from civil or criminal proceedings while in office, which absolutely renders the so-called suspension of the governor and his deputy a nullity.

HURIWA said the constitutional provisions on the declaration of a state of emergency by the President did not give the president the power to suspend a governor.