Suspension of Governor Fubara: A Constitutional Aberration by NADECO Former Activist

It is worth starting this piece by stating the indelible words of Femi Falana, made in 2013, “there’s no provision of the

Nigerian constitution that allows the President to remove an elected official.” Indeed, this is the true position of the

constitution. However, recent political actions by politicians and public officials are threatening the progress of

Nigeria’s hard-won democracy.

The unconstitutional suspension of Governor Siminalayi Fubara of Rivers State, the Deputy Governor, Mrs. Ngozi Odu,

and the Rivers State House of Assembly, represents a grave threat to Nigerian democracy, setting a dangerous

precedent that, if allowed to stand, could erode the foundations of the nation’s democratic institutions. This action,

which disregards constitutional provisions, undermines the principles of separation of powers and the rule of law,

making it imperative for all stakeholders to resist and reverse it immediately.

At the heart of this unfolding crisis is the blatant disregard for the democratic process through which Governor

Fubara was elected. The Nigerian Constitution clearly outlines the process for removing or disciplining a sitting

governor, and any deviation from these procedures signifies an abuse of power. The suspension of a duly elected

governor by any entity without constitutional backing effectively nullifies the will of the people, who exercised their

franchise to choose their leader. This sets an alarming precedent where political machinations override the legitimate

electoral mandate, making future elections meaningless if elected officials can be arbitrarily removed without due process.

A key pillar of democracy is the principle of separation of powers, which ensures that the executive, legislative, and

judicial arms of government operate independently while maintaining checks and balances. The suspension of

Governor Fubara by President Bola Ahmed Tinubu, without adherence to constitutional protocols violates this

fundamental principle, indicating an overreach by forces seeking to control the governance of Rivers State through

extra-legal means. If this is allowed to persist, it signals to other political actors across Nigeria that power can be

wrested through unconstitutional means, bypassing the electorate and democratic institutions.

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Further, this act encourages political instability, which could have long-term consequences for governance in Nigeria

and the Nigerian economy. The country has worked hard to strengthen its democratic institutions since returning to

civilian rule in 1999, and any unconstitutional disruption in the leadership of a state government weakens these

structures. The political crisis in Rivers State risks becoming a template for similar actions in other states, where

opposition figures or political rivals could orchestrate unconstitutional removals of elected officials, plunging the

country into perpetual political chaos via unsubstantiated pretext.

This suspension could embolden non-democratic forces within the system. If political actors perceive that

democratic structures can be subverted without consequences, there is a higher likelihood that future disputes will be

settled through illegitimate means rather than through constitutional and legal frameworks. This could lead to the

proliferation of totalitarian tendencies where the rule of law is secondary to political expediency, a scenario that

threatens the very essence of Nigeria’s democracy.

The international community, which closely monitors Nigeria’s democratic progress, would likely interpret this action

as a regression into undemocratic governance. Over the years, Nigeria has positioned itself as a beacon of the largest

democracy in Africa, influencing democratic transitions across the continent. A violation of constitutional principles

at this level damages the country’s credibility and could discourage foreign investment, as political instability creates

an uncertain business environment. Investors and international partners rely on political stability and adherence to

the rule of law, and any deviation from these norms affects Nigeria’s economic and diplomatic standing.

The judiciary, as the guardian of constitutionalism, has a crucial role to play in rectifying this anomaly. It must reaffirm its independence by ensuring that justice prevails and that constitutional provisions are upheld. The courts must take

swift action to overturn this unconstitutional aberration and reinforce the supremacy of the Constitution over political

maneuvering. A failure to do so would erode public confidence in the judiciary and embolden those who seek to use

extrajudicial means to settle political disputes. And such unscrupulous characters are not in short supply in Nigeria’s political sphere.

Beyond the legal implications, this crisis has social and security ramifications. Rivers State, being a strategic

economic hub due to its oil wealth and commercial activities, cannot afford prolonged political instability. The

suspension of a sitting governor without legal backing has the potential to ignite protests, civil unrest, and political

violence, further exacerbating existing security challenges in the region. If citizens feel disenfranchised and perceive

that their votes no longer matter, they may resort to extrajudicial means to express their grievances, thereby

endangering peace and stability. By this fact, the illegal action of suspending a duly elected governor, is a subtle

invitation of anarchy in Rivers State. This is what the presidency should not represent.

Political actors, particularly those involved in orchestrating this unconstitutional move, must recognize the far-

reaching consequences of their actions. Nigerian democracy has evolved through the sacrifices of many, and it must

not be jeopardized for short-term political gains in appeasement of of a disgruntled political godfather. The principle

of democratic governance requires that disputes be settled through lawful channels, and any grievances against

Governor Fubara should be addressed through constitutional means, not through arbitrary illegal suspensions.

The legislative arm of government, both at the state and national levels, must also rise to its responsibility by rejecting

any move that undermines democratic principles. It is rather unconscionable to read the overt support of this grave

illegality by the some members of the Rivers State House of Assembly. Lawmakers are representatives of the people,

and they must act in the interest of their constituents by ensuring that the Constitution is not subverted. The National

Assembly, in particular, should take a firm stance against unconstitutional actions in any state, as allowing such a

precedent to stand could have dire consequences for Nigeria’s democratic system as a whole. The National

Assembly need to have a a rethink on its erroneous stance in subverting the will of the people of Rivers by throwing

its standing rules and the Nigerian constitution to the wind to validate a dire constitutional illegality by the President. This is pure double jeopardy for Nigeria and its democracy, if left unchecked.

Civil society organizations, legal practitioners, and pro-democracy groups must also intensify efforts to resist this

unconstitutional act. Their role in advocating for democratic values and holding government accountable is critical in

ensuring that Nigeria does not slide into an era of impunity. Mass mobilization, legal challenges, and sustained advocacy are necessary to reverse this injustice and reinforce the supremacy of the Constitution.