Human rights lawyer Femi Falana has criticized President Bola Tinubu for his recent declaration of a state of emergency in Rive.rs State, likening the president’s actions to a reversal of his previous stance as governor of Lagos State. Falana made his remarks during a webinar titled “Civilian Coup? Tinubu’s State of Emergency in Rivers” over the weekend, contending that Tinubu had previously rejected similar measures proposed by former President Olusegun Obasanjo amid the OPC crisis in Lagos.
Falana expressed surprise at the current position of the Minister of the Federal Capital Territory (FCT), Nyesom Wike, who had also opposed attempts by former President Muhammadu Buhari to implement a state of emergency in Rivers during the 2019 general election crisis. He questioned why both men, who once staunchly resisted such declarations, are now advocating for them.
“One wonders what has changed for these two individuals, who are now endorsing measures they previously opposed. I recall President Tinubu threatening that Lagosians would reject any state of emergency declared by then-President Obasanjo during the OPC crisis. Similarly, Wike was vocal in condemning federal overreach during the tensions of the 2019 elections in Rivers. It’s astonishing to see them now championing what they once fought against,” he stated.
The constitutional lawyer highlighted that while the president has the authority under Section 305 of the Nigerian Constitution to declare a state of emergency, that power does not extend to the removal of elected officials. Falana questioned the legitimacy of the president’s decision to displace Governor Siminalayi Fubara, especially in light of a recent Supreme Court ruling that deemed the dismissal of certain local government chairmen by state governors illegal.
“If the governor lacks the authority to dismiss local government chairmen, how can the president justify his removal of the Rivers State governor?” Falana challenged, urging his legal colleagues to identify any constitutional provision that empowers the president to dismiss state executives.
He called for a serious examination of Section 305 of the Nigerian Constitution, noting that while it outlines specific conditions under which a governor’s office can be declared vacant, none confer upon the president the power to execute such a removal. Falana also described the decision to ratify the president’s declaration through voice votes as a mockery of democracy.
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