Nigerian rapper and actor, Folarin Falana, also known as Falz, has said that no law in Nigeria allows a president to suspend a governor.
The 34-year-old lawyer made this known on Tuesday after President Bola Tinubu announced the six-month suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the state House of Assembly.
“Rivers State, there is ABSOLUTELY NO LAW that allows a president to SUSPEND a governor. A governor is elected into office and may only be removed by impeachment,” Falz wrote on X (formerly Twitter), attaching screenshots of Section 305 of the 1999 Constitution, which outlines the conditions under which a president can declare a state of emergency.
The rapper also questioned the legality of Tinubu’s action, arguing that Rivers State does not meet any of the constitutional requirements for such a measure.
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“Also, is Rivers State at war? Is there ‘actual breakdown of public order’? Is there a threat to the existence of the federation?” he asked, referencing the constitutional provisions that justify emergency declarations.
“Under Section 305(3) of the 1999 Constitution, the President has the power to declare a state of emergency only when:
“(a) the Federation is at war;
“(b) the Federation is in imminent danger of invasion or involvement in a state of war;
“(c) 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 to restore peace and security;
“(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;
” (e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;
“(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or
“(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section, ” the attachments read.
