The Supreme Court of Nigeria has confirmed President Bola Tinubu’s constitutional authority to sack elected governors temporarily and declare a state of emergency where necessary, provided his decision is within the law.
In a 6 to 1 majority ruling on Monday, senior justices justified Mr Tinubu’s emergency rule in Rivers and the suspension of Governor Similayi Fubara, citing Section 305 of the amended 1999 Constitution.
Section 305 [c] of the amended 1999 Constitution states, “The president shall have power to issue a proclamation of a state of emergency only when there is actual breakdown of public order and public safety in the federation or any part thereof to such extent as to require extraordinary measures.”
Justice Mohammed Idris delivered the ruling, affirming that it is constitutional for the president to sack a governor for a limited period and, consequently, struck out a suit by some states governed by the Peoples Democratic Party (PDP).
Mr Tinubu had on March 18 declared a state of emergency in Rivers State, suspending Mr Fubara, his deputy, and the state assembly lawmakers amid the political crisis between the governor and his godfather, Nyesom Wike. PDP governors faulted the declaration as unlawful.
They berated the president for meddling in Rivers’ affairs and argued he lacked the authority to sack an elected official. Adamawa State and 10 other PDP states challenged the matter in court, seeking a clear explanation of the law’s stance.
While Mr Fubara and the state legislators were suspended and their salaries withheld, Mr Tinubu appointed retired Vice Admiral Ibok-Ete Ibas as Rivers’ sole administrator to preempt further breakdown of the law.
The president restored Mr Fubara and lawmakers to their posts in September.
Last week, Mr Fubara defected from PDP to APC, pledging support for Mr Tinubu’s re-election bid in 2027.
