Amid jubilation over Governor Siminalayi Fubara’s return to office following the end of emergency rule in Rivers State, senior lawyer Ebun-Olu Adegboruwa, SAN, says there is no reason for celebration.
Speaking on Channels Television’s The Morning Brief on Thursday, Adegboruwa argued that Nigerian politicians should instead draw lessons from the episode and work to strengthen democracy by respecting constitutional provisions.
“I do not see any cause for celebration in any way. If people exercise their mandate to elect others into office, as they did to Siminalayi Fubara and all the members of the House of Assembly, it is a sacred mandate that should be preserved at all costs,” the rights lawyer said.
Adegboruwa emphasised the need for judicial interpretation of the President’s constitutional powers during a state of emergency, particularly under Section 305. He described the section as “a controversial provision” that leaves gaps in defining the extent of presidential authority.
“When there is a need to declare a state of emergency, the consequential powers to be exercised by the President must be stated definitely. If there is a reason for a single individual, such as the President — with all due respect — to interfere with that mandate, the circumstances should be spelt out within the Constitution.” Adegboruwa added.
The senior advocate questioned whether President Bola Tinubu acted within his constitutional limits in suspending democratic institutions in the state during the political crisis.
He said, “That’s the area of the controversy. Whether the President should have sacked the governor, whether he should have suspended, as it were, all democratically elected officers of Rivers State in the course of this crisis — those are matters that the court must determine one way or the other.”
Adegboruwa maintained that the episode offers a lesson on the sanctity of the people’s mandate and the need to ensure constitutional clarity in emergency governance.
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