The president has no authority to suspend a sitting governor – Dalung, ex minister

… Blames introduction of ethnicity on escalation of Rivers political crisis

Solomon Dalung, former Minister of Youth and Sports under former president Muhammadu Buhari has declared that not president Bola Ahmed Tinubu on any sitting president has the power to suspend a democratically elected governor of a state in Nigeria.

Dalung disclosed this in a telephone interview with BusinessDay on Tuesday evening in Jos while reacting to the recent declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu that led to the suspension of Sim Fubara, the state governor and the state House of Assembly.

Dalung stressed that the President has no constitutional authority to suspend a democratically elected governor or dissolve a state assembly. He argued that while the President has the right to impose a state of emergency to restore security, such a move must respect democratic institutions.

“Therefore, while the President does have the constitutional right to impose a state of emergency, he cannot suspend or dissolve a democratically elected governor or state assembly. Doing so would be an abuse of power and an extension of dictatorial tendencies in a democracy.

“The President must withdraw any decision to suspend the governor, deputy governor, and the state assembly. He has the authority to take over security, as the law allows, but not to undermine democratic institutions”; Dalung said.

Read also: State of emergency: Can the president suspend a governor? Here’s what the constitution says

Dalung outlined that the tension in Rivers State has been brewing since the inauguration of the state governor in May 2023, primarily due to political disagreements between the current governor and Nyeson Wike, the immediate past governor, who now serves as the Minister of the Federal Capital Territory.

He said the disagreement has been compounded by various legal and political battles, including a landmark Supreme Court ruling that reinstated the decamped members of the state assembly who earlier defected from the People’s Democratic Party (PDP) to the All Progressive Congress (APC), as well as the suspension of federal allocation to the state.

According to Dalung, the root of the current crisis was exacerbated by a statement made by the Minister of the Federal Capital Territory, which stirred ethnic tensions.

The situation according to him originally a political dispute, escalated into a broader security issue as the ethnic dimension added fuel to an already volatile situation.

Dalung emphasized that this shift further worsened the crisis, leading to the current state of emergency.

“Now, it’s well known that there has been political tension in Rivers State since the governor’s inauguration in May 2023. This tension stems from political disagreements between the current governor and the immediate past governor, who now serves as the Minister of the Federal Capital Territory. A lot has transpired, and the President has invited both parties to the State House for intervention on two separate occasions.

“However, the situation worsened following the Supreme Court’s decision in a consolidated set of cases involving Rivers State. The landmark judgment saw the Supreme Court withdraw federal allocations meant for the state and reinstated members of the state assembly who had defected to the APC. This decision generated heated reactions from Rivers’ citizens, elders, stakeholders, and the country at large. But what truly escalated the conflict into a security issue was a statement made by the Minister of the Federal Capital Territory targeting a particular ethnic nationality. This shift, from a political to an ethnic crisis, further exacerbated the situation”; the former minister added.

He referenced past judicial rulings which set clear boundaries on the powers of the President under Section 305 of the Nigerian Constitution.

Dalung explained that while the President may declare a state of emergency, this does not extend to removing a governor or dissolving a state assembly, as these actions would undermine the principles of democracy and represent an overreach of power.

He expressed concern over the potential for abuse of power, describing such actions as a dangerous trend towards authoritarianism. He called on the President to respect the limits of his constitutional authority and focus solely on restoring security, without encroaching on the political leadership of the state.

The Plateau born former minister highlighted that while the President’s decision could be challenged legally, it was important for citizens to avoid taking the law into their own hands.

Dalung urged restraint, emphasizing that judicial precedents already exist to address such constitutional overreach.

Dalung recommended that the President reconsider his approach, especially in light of the security situation in the Niger Delta.

He warned that force alone would not restore stability in the state and called for dialogue and diplomacy to address the underlying issues.

Drawing from his own experience in leading peace missions during the Buhari administration, Dalung stressed that sustainable peace in the Niger Delta could only be achieved through consensus-building and negotiations.