Supreme Court made it clear you can’t remove Governor in State of Emergency – Rep Aguocha
By KEMI KASUMU
House of Representatives member for Ikwuano-Umuahia Constituency Abia State, Obi Aguocha, has said President Bola Tinubu lacked the right to suspend Governor Siminalayi Fubara, his deputy and members of the House of Assembly.
He spoke amidst fear of a collapse system as National Assembly leaders from Senate to House of Representatives were physically seen on the respective floors obstructing members with opposing views to passage of the Tinubu’s request.
According to a media report, President Tinubu, on Tuesday March 18, 2025, suspended Fubara, his deputy and members of the Rivers State House of Assembly, which he lacks the power to do although because of politics of self, the 27 Rivers Wike’s lawmakers thinking they were mocking Fubara praised President for the illegal action.
While the Minister of Justice, Lateef Fagbemi, said the President acted in line with constitutional rights, opposition political parties, politicians and the Nigeria Bar Association (NBA) said his action was illegal.
In an interview with Arise Television on Wednesday March 19, Aguocha stated that the Supreme Court, in 2013, clarified that even in a State of Emergency, the democratic structure of a state cannot be dissolved or removed.
He added that Section 188 of the 1999 Constitution, as amended, was clear on how a governor can be removed.
His words, “In the case between AG Federation and AG Lagos in 2013, the Supreme Court also held that consistently with the decision in Plateau, that under no circumstance, under no circumstances shall the democratic structures of a state be dissolved or removed, even in a state of emergency.
“And then by going again to Section 305, states equivocally the conditions that would arise that would warrant a state of emergency. Now, under no circumstances, the president is right to declare a state of emergency, but he falls short to have the right to dissolve an elected governor, deputy, and members of the House of Assembly.
“So Section 305 does not give him, in my view, I’m not a lawyer, but in my view as a common sense legislator, I don’t think Section 305 gives the President that mandate to go beyond the declaration of a state of emergency.
“Section 188 of the Constitution stipulates the manners in which a governor or a deputy governor, in this case Governor Fubara and his deputy, can be removed from office through an impeachment process or death.”
In a video watched by The DEFENDER, had earlier during a plenary on Monday March 17 pointed out to House Speaker Tajudeen Abbas that constitutional process must be followed in considering the Tinubu’s request as, according to him, the emergency needed two-third majority of the House of Representatives to pass which he said was not the case.
The Speaker interjected him saying he had register of members and the Honourable demanded for headcount but Abbas, a Kaduna State Federal lawmaker, shouted him down saying his point was noted although he went ahead with the unconstitutionality complained against.
