“The legislative arm of government is a fundamental pillar of democracy, and nowhere in the Constitution is the President given the power to dissolve or suspend a duly elected legislature”
TINUBU’S SUSPENSION OF DEMOCRACY IN RIVERS STATE: A CONSTITUTIONAL COUP AND A DANGEROUS PRECEDENT
March 18, 2025
The Movement for the Emancipation of Nigeria (MEN) strongly condemns President Bola Ahmed Tinubu’s unconstitutional and dictatorial declaration of a State of Emergency in Rivers State, which led to the unlawful suspension of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly. This reckless action is not just an abuse of executive power but an outright assault on democracy, an act of constitutional vandalism, and a dangerous precedent that threatens the federal structure of Nigeria.
AN UNCONSTITUTIONAL POWER GRAB
President Tinubu claims that his action is based on Section 305 of the 1999 Constitution (as amended), yet nowhere in this provision—or anywhere else in the Constitution—is the President granted the power to suspend or remove a democratically elected Governor, Deputy Governor, or an entire State House of Assembly.
The Nigerian Constitution provides only one method for the removal of an elected Governor or Deputy Governor, and that is through the process of impeachment by the State House of Assembly, as clearly outlined in Section 188 of the Constitution. By bypassing this constitutional process, President Tinubu has acted ultra vires—beyond his legal authority—and committed a constitutional coup.
The suspension of the Rivers State House of Assembly is even more appalling. The legislative arm of government is a fundamental pillar of democracy, and nowhere in the Constitution is the President given the power to dissolve or suspend a duly elected legislature. Tinubu’s action amounts to a full-blown dictatorship, reducing a sovereign state to the status of a conquered territory under imperial rule.
If this unlawful power grab is allowed to stand, then no state in Nigeria is safe from arbitrary federal interference. This is not just an attack on Rivers State; it is an attack on Nigeria’s democracy and constitutional order.
TINUBU’S HYPOCRISY EXPOSED
President Tinubu’s decision is not only illegal but hypocritical. His government has turned a blind eye to the real architect of the crisis in Rivers State—former Governor and current FCT Minister, Nyesom Wike.
It is public knowledge that Wike is the primary instigator of the political turmoil in Rivers State, yet the President, instead of taking action against him, has suspended the victims of Wike’s political aggression. If President Tinubu is truly concerned about restoring peace and stability, why has he not removed Wike from office? The answer is simple: Tinubu’s actions are politically motivated, not constitutionally justified.
By keeping Wike in office while illegally suspending the Governor and the House of Assembly, Tinubu has demonstrated his bias, exposed his hypocrisy, and revealed his willingness to use state power selectively to protect his political allies while punishing those who refuse to bow to his authority.
A LAUGHABLE EXCUSE FOR UNCONSTITUTIONALITY
In justifying his unconstitutional takeover of Rivers State, Tinubu claimed that he received “disturbing security reports of vandalization of pipelines by some militants without the governor taking any action to curtail them.”
This argument is both laughable and legally flawed for the following reasons:
Governors Have No Control Over Security Agencies:
The so-called title of “Chief Security Officer” given to state governors is a political deception. The Constitution nowhere gives state governors control over the police, military, DSS, or any other security agency. The Nigerian security apparatus is solely under the command of the President, the National Security Adviser, and the Minister of Defence.
If security has broken down in Rivers State, the failure lies entirely with the Federal Government, not Governor Fubara. The President, as Commander-in-Chief, controls all security forces, and the governor is only a spectator in security matters.
If Security Breakdown Justifies Suspending a Governor, Why is Zamfara, Plateau, and Kaduna Not Under Emergency Rule?
Rivers State is not the only state facing security challenges. If the President is using insecurity as an excuse to dissolve elected governments, why hasn’t he declared a State of Emergency in states like Zamfara, Plateau, Kaduna, Borno, and Niger, where banditry and terrorism have claimed thousands of lives? The answer is clear: Tinubu’s action is politically motivated, not based on national security.
The Constitution Does Not Grant Tinubu the Power to Remove a Governor Based on Security Reports:
Even if the security situation in Rivers was dire (which it is not), the Constitution provides only one remedy: a State of Emergency does not suspend elected officials. The Constitution allows for emergency powers to deploy security forces, restrict movement, or take other measures, but it does not give the President the power to remove a Governor or dissolve a legislature.
A DANGEROUS PRECEDENT FOR NIGERIA
By this single act of executive recklessness, President Tinubu has set a precedent that endangers every Nigerian state. Today, it is Rivers State; tomorrow, it could be any other opposition-controlled state. If the President is allowed to get away with this constitutional vandalism, then no elected governor is safe from arbitrary suspension.
What stops Tinubu from declaring a State of Emergency in Lagos, Kano, or Enugu in the future and imposing his loyalists as Sole Administrators?
This is how dictatorships are born. Nigerians must resist this abuse of power before it becomes the norm.
OUR DEMANDS
The Movement for the Emancipation of Nigeria (MEN) makes the following demands:
Immediate Reversal of the Illegal Suspension of Governor Fubara, his Deputy, and the Rivers State House of Assembly.
Restoration of Democratic Governance in Rivers State Without Delay.
Removal of Nyesom Wike as FCT Minister, as he is the main cause of the political instability in Rivers State.
An Unreserved Apology from the Presidency for this Unconstitutional Action.
A Commitment from the National Assembly and Judiciary to Defend Democracy and Prevent Future Executive Overreach.
CONCLUSION: NIGERIANS MUST DEFEND DEMOCRACY
Nigeria is not a dictatorship, and the President is not a king. The Constitution must not be subjected to the whims of one man.
We call on civil society groups, opposition parties, legal practitioners, and the international community to take a firm stand against this unconstitutional act. If we allow this executive tyranny to succeed, we will be opening the floodgates for future abuses that will completely destroy our democracy.
We must resist. We must stand up for the Constitution. We must not let Rivers State become a testing ground for dictatorship.
Nigeria belongs to the people, not to one man.
E-SIGNED,
COMRADE-GENERAL
Movement for the Emancipation of Nigeria (MEN)
National Headquarters, Abuja
March 18, 2025
