Suspension of Fubara, Rivers Assembly, the beginning of dismantling of democracy, says PDP Chief, Agazuma
Patrick Okohue
A frontline member of the Peoples Democratic Party and President, Youth Leaders for African Democracy, Dr. Ross Erazele Agazuma, has described the declaration of a State of Emergency in Rivers State and the suspension of Governor Siminalayi Fubara and the state legislature and the subsequent backing by the National Assembly as unconstitutional, illegal, a grave threat to Nigeria’s democracy and a clear violation of nation’s Constitution.
Dr. Agazuma, maintained that the 1999 Constitution (as amended) which establishes a federal system of government that guarantees the autonomy of state governments and the separation of powers between the executive, legislative, and judicial arms of government, did not in any way give any arm of the government the right to violate the right of the other through removal from office,.
According to him, “Nowhere in the Nigerian Constitution is the President granted the power to unilaterally remove a democratically elected Governor or dismantle a State’s democratic structure. Such executive overreach not only undermines the principles of democracy and federalism, but also sets a dangerous precedent that threatens the rule of law and the autonomy of Nigerian states.”
He noted that Nigeria is a federation, “meaning that state governments operate independently of the Federal Government in accordance with the 1999 Constitution. The powers of the President are restricted to federal matters, and he cannot interfere in the internal affairs of states without due constitutional process.
“Section 176 (2) of the 1999 Constitution, explicitly states that only the people of a state, through democratic elections, can elect a Governor. Once elected, the Governor holds office independently and cannot be removed by presidential decree.
“Section 5 (2) of the 1999 Constitution, makes it clear that the executive powers of a state are vested solely in the Governor and not subject to control by the President. The President does not have the constitutional authority to dissolve a State Government or remove an elected Governor.
“Thus, the action of Tinubu in interfering in the governance of Rivers State is unconstitutional and a clear violation of the principles of federalism.”
He added that the only constitutional way to remove a Governor is the State House of Assembly through an impeachment process, or when the governor resigns, is incapacitated or die in office.
“President Tinubu’s justification for interfering in Rivers State’s governance is his declaration of a State of Emergency. However, this does not give him the authority to remove a sitting Governor.”
Citing some Supreme Court cases to buttress his position, Dr. Agazuma noted that in Attorney General (A.G.) Lagos State v. A.G. Federation (2004, “The Supreme Court ruled that the President has no authority to interfere in state governance.
“In Ladoja v. INEC (2007), The Supreme Court nullified the removal of Governor Rashidi Ladoja of Oyo State, stating that only the State House of Assembly has the power to remove a Governor. This ruling set a legal precedent that prevents the President from arbitrarily removing Governors.”
While describing President Tinubu’s actions as a political coup disguised as governance, he said it is beyond constitutional illegality, but that the actions are clearly politically motivated.
“The real agenda behind his emergency declaration are; to seize control of Rivers State’s oil wealth and financial resources; to weaken PDP ahead of the 2027 elections and install an APC-controlled government and to create a legal precedent for future takeovers of opposition-controlled states.
“If this illegal takeover succeeds, it will open the door for future presidents to arbitrarily remove governors and dismantle state governments, effectively ending democracy in Nigeria,” he said.
He therefore urged Nigerian to resist “this dictatorship,” urging Governor Fubara and the PDP to immediately challenge Tinubu’s “unconstitutional takeover in court.”
