Tinubu Has No Constitutional Backing To Dissolve An Elected State Government; Lawmakers Must Reverse Dangerous Precedent — Mike Ozekhome

Renowned Nigerian lawyer, Prof Mike Ozekhome, SAN, has declared that President Bola Ahmed Tinubu’s suspension of Rivers State Governor, Siminalayi Fubara and the State House of Assembly members is a “gross constitutional aberration” and a dangerous overreach of executive power.

Ozekhome’s statement, released on Thursday, joined the national debate over the legality and implications of the President’s actions, which he described as “illegal, unlawful, wrongful, and unconscionable.”

Ozekhome’s statement comes amid growing concerns over the state of Nigeria’s democracy, as President Tinubu’s administration faces accusations of undermining constitutional governance.

The suspension of elected officials in Rivers State under the guise of emergency rule has raised alarm bells, with Nigerians warning that the move could set a dangerous precedent for the country’s federal structure.

“In an era where democracy is supposed to reign supreme, giving democracy dividends to beleaguered Nigerians, the nation has once again found itself at a crossroads,” Ozekhome said.

“This is a sober moment of reckoning where constitutional order is being tested in the most brazen of ways.”

Ozekhome, a professor in law, argued that President Tinubu’s actions lacked any legal foundation.

He noted that the 1999 Constitution of Nigeria, as amended, does not grant the President the authority to suspend or remove democratically elected state officials, even under a state of emergency.

“Let me be very firm, most categorically and unequivocally, that no constitutional provision, statute, or any known convention grants the President the imperial and dictatorial authority to single-handedly dissolve the structures of an elected state government,” Ozekhome stated.

“That may probably have been in the locust days of military juntas; but Nigeria is today not under the firm grip of a military dictatorship.”

He further noted that Section 305 of the Constitution, which governs the declaration of a state of emergency, is designed to restore order in times of grave national crisis—not to topple duly elected officials.

“The emergency provisions under Section 305 exist to restore order only in times of grave national crisis; certainly not to topple duly elected state officials,” he said.

Ozekhome drew parallels between President Tinubu’s actions and previous instances of executive overreach in Nigeria’s history.

He cited the 2004 Plateau State emergency, where former President Olusegun Obasanjo suspended Governor Joshua Dariye, as a cautionary tale.

“We have seen this script play out before during the infamous 2004 Plateau State emergency, where former President Obasanjo suspended Governor Dariye in what was widely condemned as a travesty of constitutional governance,” he said.

He also referenced the Western Region crisis of 1962, when Prime Minister Tafawa Balewa declared a state of emergency and removed the Premier and Regional Assembly.

However, Ozekhome pointed out that this occurred under a parliamentary system, which is fundamentally different from Nigeria’s current presidential system.

Ozekhome warned that President Tinubu’s actions in Rivers State could have far-reaching consequences for Nigeria’s democracy.

“If a President can wake up one morning and, under the guise of an emergency, remove a Governor and dissolve the State Legislature, what prevents the same President or future Presidents from doing the same in other states?” he asked.

He expressed concern that the suspension of elected officials in Rivers State could signal the beginning of a “dangerous era of impunity,” where emergency rule becomes a tool for political control rather than a mechanism for stability.

“Are we witnessing the return of a dangerous era of impunity where emergency rule becomes the bludgeon of political control rather than a tool for stability?” he questioned.

Ozekhome called on the National Assembly to reject President Tinubu’s emergency declaration and uphold the Constitution.

“I hereby call on the NASS to show class for once by roundly rejecting the President’s unconstitutional act of first declaring a state of emergency before its approval and also for acting ultra vires by accompanying it with the suspension of elected democratic structures,” he said.

He stated that the National Assembly has a constitutional duty to act as a check on executive power.

“This will place them on the right path of history. Otherwise, they should be prepared to be damned by history,” he warned.

Ozekhome also highlighted the importance of Nigeria’s federal structure, which divides power between the federal and state governments.

He argued that the President’s actions in Rivers State violate the principles of federalism and the separation of powers.

“Nigeria operates a federal system of government, which means that power is divided and shared between the federal, state, and local governments,” he said.

“The President’s authority over the states is limited, just as a Governor cannot interfere with presidential functions at the federal level.”

He stressed that the removal of a Governor is a matter strictly within the purview of the State House of Assembly, as stipulated under Section 188 of the Constitution.

“The process is quite detailed, lengthy, and rigorous; and requires a legislative supermajority to accomplish. It is not a power and prerogative the President can usurp and exercise,” he said.

Ozekhome urged Nigerians to defend the Constitution and resist any attempts to undermine democracy.

“The Constitution must stand hallowed, unassaulted, or democracy will fall and perish,” he said. “Although time shall tell, time is certainly not on our side.”

He also urged Nigerians to remain vigilant and hold their leaders accountable.

“If Nigeria remains a constitutional democracy, then the same Constitution must apply to all, irrespective of political affiliation or convenience,” he said.

“If Tinubu’s draconian action in Rivers State is allowed to stand, it sets a dangerous precedent where emergency powers become a tool for political suppression and repression rather than a last resort for genuine intractable crises.”(SaharaReporters)