Nigerian rapper, actor, and lawyer Folarin Falana, popularly known as Falz, has criticized President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the state House of Assembly.
In a post on X (formerly Twitter) on Tuesday, the 34-year-old legal professional stated that no law in Nigeria permits a president to suspend a sitting governor.
“Rivers State, there is ABSOLUTELY NO LAW that allows a president to SUSPEND a governor. A governor is elected into office and may only be removed by impeachment,” Falz wrote.
To support his argument, he shared screenshots of Section 305 of the 1999 Constitution, which outlines the conditions under which a president can declare a state of emergency.
Does Rivers State Meet the Constitutional Criteria?
Falz further questioned whether Rivers State meets any of the constitutional requirements necessary for such an action.
“Is Rivers State at war? Is there an ‘actual breakdown of public order’? Is there a threat to the existence of the federation?” he asked.
According to Section 305(3) of the 1999 Constitution, a president can declare a state of emergency only under specific circumstances, such as:
- When the federation is at war or in imminent danger of invasion.
- If there is an actual or imminent breakdown of public order and safety.
- In the case of a natural disaster or any other public danger that threatens the existence of the country.
- If the President receives a formal request in accordance with constitutional provisions.
Falz’s remarks have sparked discussions online, with many Nigerians questioning the legal basis of Tinubu’s action and its potential implications for democracy in the country.
