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Rapper Falz

Rapper Falz

Rivers Crisis: ‘There’s no law that allows a President suspend a Governor’ —Falz

"...Is Rivers State at war? Is there an 'actual breakdown of public order'? Is there a threat to the existence of the federation?"

byNosakhale Akhimien
March 19, 2025
Reading Time: 3 mins read
0

Nigerian singer and activist Folarin Falana, popularly known as Falz, has criticised President Bola Tinubu’s decision to declare a state of emergency in Rivers State.

PREMIUM TIMES reported that President Tinubu also suspended state Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the House of Assembly for six months on Tuesday.

In a social media post, Falz stated, “Rivers State, no law allows a president to suspend a governor. A governor is elected and may only be removed by impeachment.”

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The “This is Nigeria” crooner quizzed, “Is Rivers State at war? Is there an ‘actual breakdown of public order’? Is there a threat to the existence of the federation?”

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.

Also, is Rivers state at war? Is there “actual breakdown of public order”? Is there a threat to the existence of the… pic.twitter.com/Ckux5fCz4v

— Bop Daddy (@falzthebahdguy) March 18, 2025

Referencing Section 305 of the Nigerian Constitution, which outlines the conditions under which a state of emergency can be declared, Falz questioned the legality of Tinubu’s actions.

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The singer, known for his activism through music and social commentary, cited that “the President shall have the power to issue a proclamation of a state of emergency only under specific conditions, including when the Federation is at war, faces imminent danger of invasion, or is experiencing an actual breakdown of public order and safety requiring extraordinary measures.

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“Other conditions include a clear and present danger of such a breakdown, the occurrence or imminent threat of a disaster or natural calamity, any other public danger posing a threat to the existence of the Federation, or when the President receives a formal request by subsection (4) of the section.”

Like father, like son

Twenty-one years ago, a similar incident played out when the singer’s father, Femi Falana (SAN), a human rights lawyer, also faulted the then President Olusegun Obasanjo for declaring a state of emergency in Plateau State.

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Mr Obasanjo cited the government’s failure to curb violent clashes between Muslim and Christian communities that had resulted in over 2,000 deaths since 2001.

Governor Joshua Dariye and the state assembly were suspended, and Chris Alli, a retired major general, was appointed administrator to restore order.

Mr Falana described the declaration as illegal

He described the imposition of a state of emergency as fraudulent, illegal and unconstitutional. He cited relevant positions of section 305 (3c) to back his claims.

Mr Falana said that emergency laws could be invoked in part or all over Nigerians if there is an actual breakdown of public order and safety, which requires extraordinary measures to restore order.

Declaration, appointment

In his declaration in a broadcast, President Tinubu cited escalating political tensions and security concerns, including reports of pipeline vandalism by militants, “with no effort from the governor to address the situation.”

He appointed Ibok-Ete Ibas, a retired vice admiral, the sole administrator of the state for an initial period of six months.

The president relied on Section 305 of the 1999 Constitution to make the proclamation, noting that “no good and responsible President will standby and allow the grave situation to continue without taking remedial steps.”

The state witnessed a heavy security presence as military trucks were quickly deployed to the Rivers State Government House following Mr Tinubu’s announcement.

Before the declaration, the state saw a pipeline explosion on the Trans-Niger Pipeline on Monday amid rising regional tensions.

However, the president’s move has sparked controversy, with critics arguing that it violates constitutional provisions. The Nigerian Bar Association has condemned the declaration, stating that a state of emergency does not give the President the authority to suspend an elected government.

Prolonged dispute

The political crisis in Rivers State stems from a prolonged power struggle between Governor Fubara and factions loyal to former Governor Nyesom Wike.

The situation escalated after the Supreme Court affirmed the legitimacy of the Martin Amaewhule-led faction of the Rivers House of Assembly, which is widely seen as aligned with the Federal Capital Territory Minister Wike.

This ruling deepened the rift between the executive and legislative arms, creating governance challenges in the oil-rich state. Meanwhile, on Friday, the Rivers House of Assembly served a notice of alleged misconduct against Governor Siminalayi Fubara and his deputy.

READ ALSO: You don’t have power to remove Fubara under state of emergency, NBA tells Tinubu

The president’s decision has ignited widespread debate, with many Nigerians expressing concerns over the implications for democratic governance and the rule of law. While supporters argue that the emergency declaration is necessary to restore order, critics insist it sets a dangerous precedent for federal overreach in state affairs.

The most recent state of emergency in Nigeria before Mr Tinubu’s declaration was declared by former president Goodluck Jonathan in 2013 in the northeastern states of Adamawa, Borno, and Yobe at the peak of the Boko Haram insurgency, though the governors remained in office.

Additionally, on 31 December 2011, Mr Jonathan declared a state of emergency in parts of Borno and Plateau States, followed by a broader emergency in Borno, Yobe, and Adamawa on 14 May 2013 due to escalating insurgency in the region.

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