Former House of Representatives member Fara Dagogo has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as a violation of the Nigerian Constitution.
In a statement issued on Tuesday, Dagogo argued that the move contradicts the provisions of the 1999 Constitution (as amended).
He questioned whether the emergency declaration was legally justified, emphasizing that such measures should only be invoked when public order and safety have completely collapsed.
Dagogo particularly condemned the suspension of Governor Siminalayi Fubara, his deputy, and the state’s lawmakers, stating that the Constitution provides clear guidelines for removing elected officials.
“The only legal process for removing a governor or deputy governor is through impeachment by the State House of Assembly, as outlined in Section 188 of the Constitution. Nowhere does the Constitution grant the president the power to unilaterally suspend or remove elected officials,” he stated.
He further referenced Section 11(4) and (5), which allows the National Assembly to take over the legislative functions of a state parliament if it becomes incapable of functioning.
However, he stressed that this provision does not authorize the suspension of lawmakers.
Dagogo asserted that Tinubu’s suspension of Rivers State officials lacked any constitutional backing, making it an overreach of executive power.
Additionally, he criticized the appointment of retired Vice Admiral Ibok-Ete Ibas as the administrator of the state, arguing that the Constitution does not recognize such a position.
“The 1999 Constitution only acknowledges a governor elected by the people (Section 176(1)) and a deputy governor elected alongside the governor (Section 186). There is no provision for an ‘administrator’ to govern a state in place of an elected leader,” he noted.
Dagogo concluded by warning that the only time unelected officials have taken control of Nigerian states was during military rule, which has no place in the country’s current democratic system.