A lawyer, Liborous Oshomah has criticized the suspension of Siminalayi Fubara as Governor of Rivers State, saying such power is not in section 305 which the president cited as the source of his power.
President Tinubu, in a nationwide broadcast, benched all elected officials in the state for a period of six months, and further appointed a retired former chief of Naval Staff, Admiral Ibok Ibas as sole administrator.
It was Oshomah’s position that even Tinubu held the same position that a state of emergency anticipated on section 305 does not include the removal of Governor.
He said the implication of State of emergency was to allow the president to curtail any security situation that may arise in a state, and during such period, movements of persons could be restricted.
Oshomah said: “There is nothing in section 305 that says a governor will be removed if there is declaration of state of emergency. In a state of emergency, it means federal government will make incursion and not suspend state officials. If state of emergency is declared, some rights are limited, not removing elected officials. That was Tinubu’s position when he was in the opposition.”
Tinubu added: “The President is not the court. All the legal encumbrances in the state have been taken care by the Supreme Court ruling. If Fubara had said he doesn’t respect the Supreme Court Judgment, then the President can argue that the Governor was going about lawlessly.”
