State of Emergency: Lawyer faults Tinubu, says he lacks power to suspend Fubara
A lawyer, Liborous Oshomah has faulted the suspension of Siminalayi Fubara as Governor of Rivers State, saying nothing in section 305 which the president cited gives him that power.
Tinubu, in a nationwide broadcast, suspended all elected officials in the state for a period of six months, and then appointed a retired former chief of Naval Staff, Admiral Ibok Ibas as sole administrator.
Oshomah argued that even Tinubu held the same position that a state of emergency anticipated on section 305 does not include the removal of Governor.
He said the implication of State of emergency was to allow the president to deal with security situation that may arise in a state, and during such period, movements of persons could be restricted.
Oshomah said: “There is nothing in section 305 that says a governor will be removed if there is declaration of state of emergency. In a state of emergency, it means federal government will make incursion and not suspend state officials. If state of emergency is declared, some rights are limited, not removing elected officials. That was Tinubu’s position when he was in the opposition.”
Tinubu added: “The President is not the court. All the legal encumbrances in the state have been taken care by the Supreme Court ruling. If Fubara had said he doesn’t respect the Supreme Court Judgment, then the President can argue that the Governor was going about lawlessly.”
