Residents of Rivers State thronged the Government House in Port Harcourt to celebrate Governor Siminalayi Fubara’s return to office following the six-month state of emergency declared by President Bola Tinubu.
But senior lawyer Ebun-Olu Adegboruwa, SAN, says there is little reason for jubilation.
Speaking on Channels Television’s The Morning Brief on Thursday, he urged politicians to use the episode as a lesson in strengthening Nigeria’s democracy and respecting constitutional provisions.
“I do not see any cause for celebration. When the people exercise their mandate to elect others into office, as they did for Siminalayi Fubara and all members of the House of Assembly, it is a sacred mandate that should be preserved at all costs,” Adegboruwa said.
He stressed the need for judicial interpretation of Section 305 of the Constitution, which outlines presidential powers during a state of emergency, describing it as “a controversial provision” with several gaps.
“When there is a need to declare a state of emergency, the consequential powers to be exercised by the President must be clearly stated. If a single individual, such as the President, is to interfere with that mandate, the circumstances must be spelled out within the Constitution,” he said.
Adegboruwa also questioned whether President Tinubu acted within constitutional limits when he suspended democratic institutions in the state during the crisis.
“That’s the area of the controversy — whether the President should have sacked the governor or suspended all democratically elected officers of Rivers State. These are matters that the court must determine one way or the other,” he said.
He concluded that the incident should be seen as an opportunity to reaffirm the sanctity of the people’s mandate and clarify the scope of presidential powers during emergency governance.
