Nigerian rapper and actor Folarin Falana, popularly known as Falz, has stated that no law in Nigeria grants the president the power to suspend a governor.
The 34-year-old lawyer made this assertion on Tuesday following President Bola Tinubu’s announcement of a 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), sharing 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 challenged the legality of Tinubu’s decision, arguing that Rivers State does not meet any of the constitutional criteria for such an action.
Falz further questioned the legitimacy of President Tinubu’s action, referencing the constitutional conditions required for declaring a state of emergency.
“Is Rivers State at war? Is there an ‘actual breakdown of public order’? Is there a threat to the existence of the federation?” he asked, citing the provisions under Section 305(3) of the 1999 Constitution.
According to the section, a president can only declare a state of emergency under specific circumstances, including:
- (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 an actual breakdown of public order and safety in the Federation or any part thereof, requiring extraordinary measures to restore peace and security;
- (d) There is a clear and present danger of an actual breakdown of public order and safety requiring extraordinary measures to avert such danger;
- (e) There is an occurrence or imminent danger of disaster or natural calamity affecting a community or section of the Federation;
- (f) There is any other public danger that clearly constitutes a threat to the existence of the Federation;
- (g) The President receives a request to do so in accordance with subsection (4) of this section.
By sharing these constitutional provisions, Falz underscored his argument that Rivers State does not meet the legal requirements for such an intervention.
