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HURIWA rejects suspension of Fubara, calls it unconstitutional

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HURIWA rejects suspension of Fubara, calls it unconstitutional
Written by Areatatafo

HURIWA rejects suspension of Fubara, calls it unconstitutional

By Chioma Obinna

The Human Rights Writers Association of Nigeria (HURIWA) has strongly condemned the state of emergency declared in Rivers State by President Bola Tinubu, calling it an unconstitutional usurpation of the governor’s powers and a dangerous precedent for democracy.

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In a press statement, HURIWA National Coordinator, Comrade Emmanuel Onwubiko, compared the move to the military coups in Niger, Mali, and Burkina Faso, warning that it is an attempt to establish a dictatorship.

“HURIWA absolutely rejects this unconstitutional suspension of a democratically elected governor by a civilian president who was elected under the same democratic framework,” Onwubiko stated.

“The President’s decision to appoint a retired Naval chief as a military administrator in Rivers State is a blatant violation of democratic principles. It is nothing short of an attempt to forcefully remove a governor and install a puppet regime.”

HURIWA recalled that when former President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa in 2013, he did not remove the elected governors or dissolve democratic structures. At the time, Tinubu, who was in opposition, criticized Jonathan’s decision, yet he is now doing the exact opposite.

“Tinubu condemned Jonathan’s decision in 2013, yet he is now abusing power to achieve political dominance,” HURIWA stated.

The group further argued that state governments are independent entities under the Nigerian Constitution and do not report to the federal government.

HURIWA emphasized that Section 305 of the 1999 Constitution does not grant the President the power to suspend a sitting governor.

“The President has no legal authority to suspend an elected governor, even under a state of emergency. The Constitution only allows for the impeachment of a governor by the State House of Assembly, not by the President,” Onwubiko asserted.

The group cited Supreme Court rulings that have consistently upheld the principle that a state of emergency does not give the President the power to remove elected officials.

A.G. Federation v. A.G. Lagos State (2013): The Supreme Court ruled that democratic structures must remain intact during a state of emergency.

A.G. Plateau State v. A.G. Federation (2006): The court invalidated the removal of elected officials during a state of emergency in Plateau State.

HURIWA also pointed out that Section 188 of the Constitution provides the only legal process for removing a governor—impeachment by the State House of Assembly—which was not followed in Rivers State.

HURIWA argued that the crisis in Rivers State was deliberately created by political forces loyal to FCT Minister Nyesom Wike, who have been undermining Governor Siminalayi Fubara.

“The 27 lawmakers loyal to Wike have repeatedly sabotaged Governor Fubara’s efforts to govern. They refused to pass the 2025 budget and later staged a fraudulent impeachment attempt to justify the state of emergency.”

The group further alleged that Tinubu’s administration orchestrated the crisis to justify removing Fubara from office.

“This so-called state of emergency is a political coup, designed to hand control of Rivers State to those loyal to the presidency. The National Assembly must reject this blatant abuse of power.”

HURIWA called on: The National Assembly to reject the President’s decision, The Supreme Court to uphold democratic principles, and The international community (UN, AU, ECOWAS, US, UK, EU) to intervene against what it described as an “emerging dictatorship.”

“The Nigerian Constitution does not permit a President to suspend a duly elected governor. This move must be reversed immediately to protect democracy.”

HURIWA vowed to continue mobilizing Nigerians against this illegal action and urged all democratic forces to resist the dictatorship.

The post HURIWA rejects suspension of Fubara, calls it unconstitutional appeared first on Vanguard News.

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