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‘Fubara, Others’ Suspension Unconstitutional,’ Lawyers Fault Tinubu
Published
3 months agoon
By
Editor
Lawyers have faulted the six-month suspension of Rivers State Governor, Siminalayi Fubara, his deputy, Ngozi Odu, and the state lawmakers by President Bola Tinubu in a live broadcast on Tuesday.
The legal practitioners also disagreed on the state of emergency processes in the oil-rich South-South state.
Tinubu, in a nationwide broadcast, said his decision was taken to restore stability in the state that has been witnessing political turmoil as a result of the disagreement between the state governor and the state lawmakers.
“By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months,” the President declared.
The president appointed retired Vice Admiral Ibok-Ette Ibas as the state’s administrator to oversee governance.
“In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (retd.) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate,” he said.
READ ALSO: Fubara Accuses Lawmakers Of Frustrating Efforts To Implement Supreme Court Judgement
Citing Section 305 of the 1999 Constitution, Tinubu said the emergency measure was necessary to restore peace.
He added that the proclamation had been published in the Federal Gazette and forwarded to the National Assembly.
Tinubu added, “This declaration has been published in the Federal Gazette, a copy of which has been forwarded to the National Assembly in accordance with the Constitution.
“It is my fervent hope that this inevitable intervention will help to restore peace and order in Rivers State by awakening all the contenders to the constitutional imperatives binding on all political players in Rivers State in particular and Nigeria as a whole.”
Before the broadcast, Tinubu met with the Senate President, Godswill Akpabio; the service chiefs and the Inspector General of Police, Kayode Egbetokun, in a closed-door meeting.
However, some lawyers have faulted Tinubu’s position on the matter.
A human rights lawyer practising in the United Kingdom, Morakinyo Olasupo, said a President does not have the power to suspend a democratically elected governor of a state, and that the suspension or impeachment of governors can only come from the state House of Assembly and the court.
READ ALSO: FULL TEXT: Rivers Assembly’s Accusation Against Fubara, Deputy
He said, “The President cannot suspend a governor who is democratically elected. Governors are elected officials with a constitutional mandate, and their removal or suspension must always follow due legal processes.
“Some of the processes are impeachment by the state House of Assembly, and the procedure for impeachment is clearly stated in Section 188 of the 1999 Constitution of the country (as amended).
“Also, the Supreme Court has made it clear in the case of Inakoju vs Adeleke that impeachment of the governor by the state House of Assembly must be carried out as contained in Section 188. Another way is by court order. In the case of the election petition, if the governor’s election is contested in court, the judiciary can nullify or remove the governor.
“Another is that in the case of death or incapacitation, the governor can be removed. Incapacitation is in line with impeachment. The fourth one is that under Section 305, the President can declare a state of emergency in a state, but this does not mean that he can automatically suspend or remove the governor.
“The Pesident cannot just wake up and declare a state of emergency unless there is war or imminent danger of war that can affect Nigeria, where there is a breakdown of law and order to the extent that it requires extraordinary measures and security, breakdown of law and order in the state or public danger, disaster and pandemic threatening the existence of Nigeria.”
READ ALSO: This Is Absolute Armageddon, Bode George Faults Rivers Emergency Rule
Faulting the state of emergency processes, Olasupo said the declaration is subject to the approval of the National Assembly, adding that the declaration cannot be done by a mere press release or broadcast done by Tinubu but by “an instrument” (a legal document).
“After the President has prepared the instrument, he will send it to the National Assembly for deliberation and approval. Once the instrument is signed by the Assembly, the President can then proceed to declare the state of emergency. The declaration cannot hold water,” he added.
In his remark, the Principal Partner, Iris Attorneys LP, Ridwan Oke, disagreed with the position of Olasupo about the processes, adding that the President has done the right thing by declaring a state of emergency because of the heightened political crisis in the state.
But Oke noted that the suspension of Fubara, his deputy, and the state lawmakers lacks merit and is unconstitutional.
He said, “The 1963 Constitution provides for the suspension of a sitting governor, not the 1999 Constitution (as amended). The President cannot suspend the governor, deputy governor, and state House of Assembly lawmakers.
“In accordance with Section 305 of the 1999 Constitution, the state of emergency can only be declared in a state when there is war, political unrest, breakdown of law and order, or there is imminent breakdown of law and order or when the governor of a state backed by two-third majority of the house requests for it. The governor has refused to request it, so the President can declare a limited time, which is not stipulated in the Constitution.
“Rivers’ political crisis and today’s explosions are tenable grounds for declaring a state of emergency. He will now send the proclamation (gazette) to the National Assembly for approval and deliberation.”
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EFCC Kicks As Yahaya Bello Seeks Court’s Permission To Travel Abroad
Published
55 minutes agoon
June 27, 2025By
Editor
The Federal High Court sitting in Abuja, on Friday, fixed July 21 to rule on an application the former Governor of Kogi State, Yahaya Bello, filed to be allowed to travel abroad for medical treatment.
Bello, who is facing a 19-count money laundering charge, in his application dated June 20, begged the court to release his international passport which was seized as part of his bail conditions, to enable him to visit a hospital in the United Kingdom, UK.
Addressing the court through his team of lawyers led by a former President of the Nigerian Bar Association, NBA, Prof. Joseph Daudu, SAN, the defendant said he was referred to the foreign hospital by a cardiologist.
Praying the court to exercise its discretion in his favour, Bello said he never travelled outside the country for the eight years he served as the governor of Kogi.
He pledged to travel within the court’s vacation period and return to the country for the continuation of his trial.
READ ALSO:EFCC Arrests Bauchi Accountant General Over Alleged N70bn Fraud
“My lord, this is a harmless and non-political issue that borders on the health of the defendant who is ready and willing to face his trial.
“He has never been late to court. The little misunderstanding that happened before this trial began was politically motivated. If permitted to travel, he will return before the end of August and the court can also set a date.
“This is a criminal trial, not a political witch-hunt,” Daudu, SAN, pleaded.
However, the Economic and Financial Crimes Commission, EFCC, opposed the application which it said amounted to an abuse of court process.
According to the prosecution counsel, Mr. Kemi Pinheiro, SAN, though the defendant claimed he was suffering from hypertension and hypercalcemia or low potassium, no evidence was adduced to show that it is a life-threatening situation.
READ ALSO:JUST IN: Try Me In Kogi, Yahaya Bello Writes Court
The prosecution argued that there are well-equipped hospitals in the country that could effectively treat the ailments.
EFCC’s counsel told the court that Bello claimed that he built ultra-modern hospitals with state-of-the-art facilities in Kogi while he was governor.
“This defendant insisted that the hospitals were built to curb medical tourism,” the prosecution counsel added as he faulted the medical report which he said did not disclose the qualification of the doctor that signed it.
More so, EFCC told the court that the defendant is facing serious allegations that have international dimensions, insisting he could be arrested by the Interpol once he leaves the shores of Nigeria.
“This defendant is already on the red notice. The EFCC sent a letter to the Interpol when he was playing games with the prosecution and he was placed on the red list.
READ ALSO:
“He doesn’t know what is awaiting him there. He can be Hushpuppied to the US or UAE. That is a risk because it will affect this trial,” the prosecution counsel added.
Aside from noting that those who stood surety for the defendant were not served with the application, EFCC alleged that the former governor filed the same application before an Abuja high court, where he is facing another charge.
After he had listened to both parties, Justice Emeka Nwite adjourned the matter for ruling.
Meanwhile, a mild drama played out in the court after the fourth witness, Mr. Mshelia Arhyel Bata, who is a Compliance Officer with Zenith Bank, refuted the allegation that he was harassed by security operatives attached to the former governor.
Pinheiro, SAN, had shortly after the case was called up, informed the court that the witness was accosted by one of the security men, even as he demanded an investigation.
READ ALSO:EFCC Withdraws Appeal Against Former Kogi Gov, Bello
“My lord, the witness told me that this is not the first time. A situation where a witness is harassed in a criminal case amounts to interference,” the prosecution counsel insisted.
Responding, Bello’s lawyer, Daudu, SAN, promised to investigate the issue and report back to the court.
However, shortly before the case was adjourned, the witness sought permission of the court to speak.
He told the court that, contrary to the claim of the prosecution counsel, he was neither harassed nor attacked by any security operative.
“My lord, I want to put it on record that no one harassed or intimidated me. I only had a minor altercation with someone which had nothing to do with the defendant,” the witness added.
READ ALSO:Appeal Court Stops Yahaya Bello’s Contempt Proceedings Against EFCC
Answering questions under cross-examination, the PW-4, further told the court that Bello’s name did not feature as a beneficiary in all the withdrawals that were made from accounts belonging to Kogi state.
Justice Nwite adjourned the case to July 3 and 4 for the continuation of cross-examination of the witness.
Bello, who piloted the affairs of Kogi state from 2016 to 2024, is facing trial over his alleged complicity in an N80.2 billion fraud.
EFCC alleged that he used five proxies to acquire 13 choice properties in highbrow areas of Abuja and Dubai.
It told the court that the properties were acquired with the proceeds of crime.
Besides, the anti-graft agency alleged that the former governor attempted to conceal over N3bn by handing same to proxies to keep for him.
It further told the court that the defendant wired over $700, 000 to an account he maintained with a bank in the United States of America, USA, in breach of the Money Laundering Prohibition Act.
The ex-governor pleaded not guilty to the charge, even as he was released on bail by the court, pending the determination of allegations against him.
News
Senate committee threatens arrest warrant for NNPCL GCEO
Published
2 hours agoon
June 27, 2025By
Editor
The Senate Committee on Public Accounts has ordered the Group Chief Executive Officer (GCEO) of the Nigerian National Petroleum Company Limited (NNPCL), Bayo Ojulari, to appear before it on July 10.
The committee said that it might be compelled to issue an arrest warrant if Ojulari failed to appear before on the said date.
The committee, chaired by Sen. Ahmed Wadada, issued the directive during a brief session of the committee in Abuja after officials of the NNPCL failed to appear before it as expected.
Their presence was required to respond to queries raised last week regarding a staggering N210 trillion allegedly unaccounted for by the company between 2017 and 2023, as detailed in an audit report.
READ ALSO: NNPCL Spokesperson Soneye Resigns
Rather than appear, the NNPCL, in a letter signed by Adedapo Segun on behalf of the GCEO and read by the committee clerk, Sani Abdullahi, requested an additional two months to prepare a detailed response.
Wadada strongly rejected the request and condemned the absence of NNPCL officials, saying it demonstrated a disregard for the committee’s summons.
“We expected representatives from the NNPCL to be before us today to answer questions thrown at them last week on issues or queries raised in the audit reports before us.
“Their absence is unacceptable, and as a result, this committee is giving the relevant officials from NNPCL ten working days from today, which ends on July 10.
READ ALSO: JUST IN: NNPCL Set To Sell Shares
“This committee was not expecting any documents from NNPCL today but answers to the eleven questions thrown at its representatives last week.
“Therefore, the GCEO of NNPCL must appear before us on July 10 for the expected answers.”
He added that the failure to appear on the scheduled date would leave the committee with no choice but to invoke and assert all its constitutional powers to compel the GCEO’s appearance.
Wadada also declared that the committee may adopt audit queries against other defaulting agencies.
“These agencies are the FCT High Court and the Federal Ministries of Solid Minerals, Steel Development, and Finance. If they fail to appear before the committee on Tuesday next week, they will hear from us,” he said.
(NAN)
News
2025 UTME Mop-Up: 85,790 Candidates Haven’t Printed Exam Slips – JAMB
Published
2 hours agoon
June 27, 2025By
Editor
Barely 24 hours to the 2025 Unified Tertiary Matriculation Examination, UTME, mop-up, the Joint Admissions and Matriculation Board, JAMB, has expressed deep concern regarding the low number of candidates that have so far printed their examination notification slips, which will authorise them to write the examination.
JAMB had scheduled the 2025 UTME mop-up examination for Saturday, June 28, 2025.
In a statement on Friday, JAMB regretted that “As of this morning (Friday), only 12,442 out of the 98,232 scheduled candidates have printed their slips, reflecting a mere 12.6% participation rate.”
To this end, it appealed to candidates who missed their previous examinations, to reprint their slips to ensure they do not miss this opportunity.
READ ALSO: JAMB: ‘Some Sections Had No Questions, Just Answers’; UTME Candidates Narrate Experiences
“We strongly encourage all candidates, particularly those, who missed the main examination, to print their notification slips promptly.
“This is a rare opportunity for them to participate in this year’s examination,” it appealed in the statement that was issued through its spokesman, Fabian Benjamin.
The statement read further: ”We urge all candidates, who missed their previous examinations, to reprint their slips to ensure they do not miss this opportunity.
“The Board is actively monitoring the printing process to determine the number of candidates who will be present for the examination.
READ ALSO: Mass Failure: UTME Candidates To Sue JAMB Over Technical Glitches
“Meanwhile, we have deployed both human and material resources to facilitate this exercise, ensuring that all registered candidates have the opportunity to sit the examination.
“Please note that failure to print the examination notification slip will result in forfeiture of the opportunity to take the examination.
“Once again, we urge all candidates to proceed immediately to print their slips for the examination scheduled for tomorrow, Saturday, 28th June, 2025.”
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