By Olayinka Ajayi

Senior Advocate of Nigeria Sam Kargbo says criminality that has been in several parts of Nigeria ought not to be the reason for suspending a sitting governor in Rivers State.

“Criminality has been with us, but you do not categorize economic criminality as one that is over or above other aspects of criminality but is rampant across the nation”, Kargbo said.

He was responding to the imposition of emergency rule in Rivers State and the suspension of Governor Sim Fubara and the state House of Assembly by President Bola Tinubu last Tuesday.

His words: “But if you are taking any decision based on any incident, you have to actually have in mind that the people are very intelligent and attentive to what has been happening.

“Like I said, for us here in the North, criminality in the form of banditry, terrorism, and others is not new; it’s been part of us for years, and in the South-South, that has been the situation for a very long time.

“But there has been some innovation from the side of the president, especially during the time of President Musa Yar’Adua, who intervened, and his intervention therefore put to rest these criminal acts of vandalism of pipelines.

“So what I am saying is that that cannot be a reason or justification for the declaration of the state of emergency.

“In the case of Dariye (Governor of Plateau State) in 2004 and that of Fayose (Governor of Ekiti State) in 2006, they were suspended by President Obasanjo, and their suspensions were declared to be unlawful.

“There is a very strong, narrow debate here, which is whether or not Nigeria, or any part of it, can be ruled in any way other than as stated in the 1999 Constitution (as amended) because Section 1, Subsection 2, is very clear that no part of Nigeria, and Nigeria in particular, should be ruled other than the way it is specifically lined out in the Constitution.

“Yes, the President has the power of proclamation to proclaim a state of emergency in the state if the incident stated under Section 305 occurs, but the Constitution is very silent on whether or not that state of emergency includes the power to suspend or remove.

“I would say definitely not removal but suspension if indeed the Governor is the reason for the breakdown of law and order and the President has the right to sustain law and order that can justify that.
“It is a very funny issue that would be with us for a very long while.

“Because Obasanjo has done that, those who had the books went to dust it to say ‘he did this in 2004 and 2006 and heavens did not fall’, but to me, when you are taking a political decision of that nature, you have to be very careful because messages trickle down and it sets the mind of the people.”