Senior Advocate of Nigeria (SAN) Sam Kargbo has criticized the suspension of Governor Siminalayi Fubara in Rivers State, arguing that economic criminality should not be a basis for imposing a state of emergency.
A Flawed Justification?
Kargbo pointed out that criminal activities exist across Nigeria, and economic sabotage should not be singled out as a reason to remove a sitting governor.
“Criminality has been with us, but you do not categorize economic crimes as more severe than other forms of criminality occurring nationwide,” he stated.
His remarks come in response to President Bola Tinubu’s declaration of emergency rule in Rivers State, which led to the suspension of Fubara and the state House of Assembly.
Comparing Past Emergency Declarations
Kargbo drew parallels to past incidents, noting that similar moves during President Olusegun Obasanjo’s tenure were ruled unlawful.
“In 2004, Governor Joshua Dariye of Plateau State was suspended, and in 2006, Governor Ayo Fayose of Ekiti State faced the same fate. Both were later declared illegal actions,” he explained.
He emphasized that Nigeria’s Constitution does not explicitly grant the president the power to suspend or remove a governor under a state of emergency.
The Legal Dilemma
Section 305 of the 1999 Constitution allows for emergency rule but does not clarify whether it extends to suspending an elected governor.
“The Constitution is clear—Nigeria must be governed strictly according to its provisions. While the president can declare a state of emergency if conditions warrant, there is no express authority to suspend a governor,” Kargbo asserted.
He also warned that political decisions like this have long-term consequences.
“When taking such actions, leaders must be careful. Precedents send messages that shape public perception and future governance,” he said.
What’s Next for Rivers State?
As the legal and political battle unfolds, the suspension of Fubara remains a contentious issue. Many see it as part of a broader power struggle ahead of the 2027 elections.
Should emergency rule be used to remove elected officials, or is this an overreach of presidential power? Share your thoughts in the comments.
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