El Rufai: Suspension of Fubara, Lawmakers’ as Unconstitutional

Former governor of Kaduna State, Nasir El-Rufa’i, has joined many others to condemn the state of emergency

imposed on Rivers State by President Bola Tinubu, describing the suspension of Governor Siminalayi Fubara, his

deputy Ngozi Odu and House of Assembly members for six months as unconstitutional.

He maintained that it would be wanton aggression against democratic principles and the rule of law to expand the

scope of such an emergency regime to include the destruction of democratic institutions.

El-Rufai stated in a statement he shared on his X Twitter that the Nigerian Constitution forbids the president from

dismissing or suspending an elected state governor under an emergency rule, claiming that doing so would

jeopardise the country’s democratic system.

El-Rufai stated that a state of emergency might have been declared in order to give the relevant security agencies the

extra authority and resources they need to handle any security issue in the state, as opposed to suspending the

legislative and executive branches of Rivers State.

He maintained that it would be wanton aggression against democratic principles and the rule of law to expand the

scope of such an emergency regime to include the destruction of democratic institutions.

“There are things that are so clearly wrong that the justifications summoned in their defence fall flat. The decision of

Mr President to suspend the elected officials of the Rivers State Government is one of those. Our country’s

constitution does not support it precisely because it is dangerous to our system of democratic federalism for an

elected president to assume and exercise powers to suspend elected officials at the state level. The responsibilities

of a president are heavy and extensive, but they are constrained by the Constitution and the law and certainly do not include firing persons who were elected.

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“The security issues cited in the President’s speech surely deserve the most serious attention and sustained efforts

to contain the threats and preserve vital national infrastructure. That is a duty that we ought to vigorously support the security agencies to successfully discharge.

“The Supreme Court has conclusively declared the suspension of elected officials unlawful in the Dariye vs. Attorney General of the Federation.

“It is my view that Mr President should review this decision and return to the path of constitutionalism and the rule of law. As an opposition figure, Senator Bola Tinubu had made his voice heard against the decision of then President Goodluck Jonathan to declare a state of emergency in the North-East, even when that decision did not extend to the suspension of elected officials and institutions. A similar reconsideration is warranted in this case to contain the damage done to the people of Rivers State and restore the Federal Government to compliance with the Constitution.

“Let us not keep silent while the slippery slope of replicating the events of emergency rule in the old Western Region in 1962 unfolds before our very eyes. I appeal to all patriots and voices of reason to join in calling an end to this gross violation of the Constitution and disrespect for the rule of law.”