A former lawmaker representing the Degema-Bonny federal constituency in the House of Representatives, Fara Dagogo, has criticized the declaration of a state of emergency in Rivers State by President Bola Tinubu, describing it as a violation of the 1999 Constitution of the Federal Republic of Nigeria.
In a statement released on Tuesday, Dagogo expressed concern over the legal basis of the state of emergency, questioning whether the public order and safety in Rivers had truly deteriorated to the point that would justify the invocation of emergency powers.
He argued that the declaration was questionable under the provisions of the Nigerian Constitution.
Dagogo focused particularly on the suspension of Governor Siminalayi Fubara, his deputy, and the state lawmakers, calling the suspension under the 1999 Constitution a controversial aspect of the emergency rule. “The only legal way to remove a governor or a deputy governor is through impeachment by the state parliament under Section 188,” he said. “The Constitution does not grant the president the power to suspend or remove a governor or a deputy governor outside the impeachment process or a valid resignation.”
He further pointed out that Section 11(4)(5) of the Constitution stated that only the National Assembly could take over the legislative functions of a state parliament in cases where the legislature could not function. This provision, he noted, does not allow for the suspension of elected lawmakers.
Dagogo argued that given the constitutional provisions, President Tinubu’s suspension of elected officials was unconstitutional, as there is no provision in the 1999 Constitution that grants such powers. He also raised concerns over the appointment of Ibokette Ibas as the administrator to govern Rivers State, highlighting another constitutional issue.
“The 1999 Constitution does not recognize the office of an ‘administrator’ in place of an elected governor,” Dagogo said. “The Constitution only provides for a governor elected by the people (Section 176(1)), and a deputy governor elected alongside the Governor (Section 186).”
Dagogo emphasized that the only situation in which an unelected official could assume control of a state would be under military rule, which is not applicable in the current democratic system governed by the 1999 Constitution.