A Senior Advocate of Nigeria, Kunle Edun, has stated that President Bola Tinubu lacks the constitutional authority to suspend Rivers State Governor Siminalayi Fubara and members of the state’s House of Assembly under the provisions of Section 305 of the Nigerian Constitution.

In a statement, Edun explained that while Section 305 outlines the conditions for declaring a state of emergency, it does not grant the President the power to remove or suspend elected state officials. He emphasized that under Section 305(4), only a state governor, with the support of a two-thirds majority of the House of Assembly, can request the President to declare a state of emergency in any part of the state.

He further argued that the crisis in Rivers State had already been settled by the Supreme Court, and the House of Assembly had resumed legislative activities. According to him, Governor Fubara’s recent presentation of the 2025 budget at the Assembly complex demonstrated that governance was still functional, making Tinubu’s claim that there was no working government in the state inaccurate.

Edun pointed out that the Constitution provides clear guidelines for situations where a State Assembly is unable to perform its legislative functions. He cited Section 11(4), which empowers the National Assembly to assume legislative duties in such cases, but does not grant the President the authority to remove or suspend state officials.

“The proviso to Section 11(4) is clear: the intervention of the National Assembly does not include the power to remove a Governor, Deputy Governor, or State Assembly members,” Edun stated. He described the President’s action as a violation of his oath to uphold and defend the Constitution, insisting that the suspension of a State Assembly is beyond presidential powers.

He concluded that the Constitution ensures that no state is left without a legislature, and any intervention in state affairs must align strictly with constitutional provisions.