Mike Ozekhome, renowned constitutional lawyer and Senior Advocate of Nigeria (SAN), has strongly criticized President Bola Tinubu’s decision to dissolve the elected government of Rivers State under the guise of emergency rule. Mike Ozekhome insists that such an action is not only unconstitutional but also sets a dangerous precedent that could lead to the erosion of Nigeria’s democracy. According to him, the 1999 Constitution does not grant the President unilateral powers to suspend or remove an elected state government, regardless of any prevailing crisis.
Mike Ozekhome argues that the constitutional provision for declaring a state of emergency, as outlined in Section 305, does not empower the President to dissolve a state government. He warns that if this move is allowed to stand, it could embolden future administrations to arbitrarily remove elected officials, thereby turning Nigeria into a dictatorship. “This is nothing short of executive recklessness and a blatant assault on the principles of federalism,” he asserted.
Constitutional Breach: No Legal Basis for Governor’s Suspension
Mike Ozekhome has categorically stated that President Tinubu’s suspension of Governor Siminalayi Fubara and the Rivers State House of Assembly is a direct violation of Nigeria’s constitutional order. He emphasizes that the only lawful way to remove a sitting governor is through impeachment by the state legislature, not by presidential fiat. “This act by the President is an affront to democracy and a deliberate usurpation of the powers of the judiciary and the legislature,” Ozekhome declared.
The constitutional expert further explained that previous cases, including the Supreme Court’s ruling in A.G. Lagos v. A.G. Federation, reaffirmed the autonomy of state governments and restricted federal overreach. He warned that Tinubu’s move is an unlawful overstep that, if unchecked, could render the Constitution meaningless. “If a President can wake up and dissolve a state government, then we no longer have a democracy. We are moving toward a dictatorship,” Mike Ozekhome said.
Dangerous Precedent: The Future of Nigeria’s Democracy at Stake
Mike Ozekhome argues that Tinubu’s action is reminiscent of military-era governance, where executive decrees overruled constitutional processes. He recalls similar instances in Nigeria’s history when emergency rule was declared, including President Goodluck Jonathan’s 2013 intervention in Borno, Yobe, and Adamawa states, yet the elected governors remained in power. “If a sitting President can suspend elected officials at will, what stops future leaders from abusing this power to remove political opponents?” Ozekhome queried.
The legal luminary warned that allowing this unconstitutional move to stand could have severe consequences for Nigeria’s democracy. He urged civil society organizations, the judiciary, and the National Assembly to resist the illegal suspension of the Rivers State government. “This is a test for Nigeria’s democratic institutions. If they fail to act, we may soon find ourselves in a system where elections become meaningless because a President can singlehandedly nullify the people’s mandate,” he cautioned.
Supreme Court Precedents on State Government Autonomy
Mike Ozekhome referenced several Supreme Court rulings that reinforce the principle that state governments are autonomous and cannot be arbitrarily dissolved. He cited the landmark case of Attorney-General of Lagos State v. Attorney-General of the Federation (2004), where the Supreme Court ruled that the federal government has no power to withhold funds from a state or interfere with its governance. “The courts have been clear—states have constitutional independence. The President cannot dissolve a state government through executive orders,” he emphasized.
Furthermore, he pointed to a recent judgment in which the Supreme Court ruled that elected local government officials cannot be dissolved by state governors. If state governments cannot arbitrarily dissolve elected local officials, Mike Ozekhome argues, then the federal government certainly has no legal right to dissolve an entire state government. “What we are seeing is a dangerous assault on the Constitution, and the courts must rise to defend democracy,” he insisted.
Call for Immediate Reversal: Lawmakers and Judiciary Must Act
Mike Ozekhome has called on the National Assembly to immediately challenge the President’s actions and restore the elected government of Rivers State. He urged lawmakers to uphold their constitutional duties and prevent an illegal precedent from taking root. “The National Assembly cannot afford to be silent in the face of this blatant constitutional breach. They must act now to stop the creeping dictatorship,” he warned.
He also called on the judiciary to swiftly intervene and nullify the President’s declaration. According to him, the courts have a duty to uphold the Constitution and prevent the abuse of executive power. “We have a democracy built on the rule of law, not on the whims of an all-powerful President. This unconstitutional move must not be allowed to stand,” he declared.
Final Warning: Protecting Nigeria’s Democracy from Executive Overreach
Mike Ozekhome concluded his remarks with a stark warning: if Tinubu’s decision is not reversed, it could pave the way for authoritarian rule in Nigeria. He urged Nigerians to remain vigilant and resist any attempts to undermine the democratic process. “This is not just about Rivers State. It is about the future of democracy in Nigeria. If we allow this today, no state will be safe from executive overreach tomorrow,” he cautioned.
He called on the media, civil society groups, and legal professionals to speak out against the unconstitutional suspension of the Rivers State government. “Silence in the face of tyranny is complicity. Nigerians must demand accountability and ensure that no President, no matter how powerful, is allowed to trample on the Constitution,” he stated.
Table of Contents
Discover more from OGM News NG
Subscribe to get the latest posts sent to your email.
