Falana To Tinubu: You Can’t Import Non-Existent Powers Into The Constitution

Falana argued that Tinubu’s actions violate the 1999 Constitution (as amended), as the President lacks the authority to suspend or remove the governor, deputy governor, and House of Assembly members.

During a virtual interaction with Nigerians in the Diaspora on Saturday night, Falana emphasized that even though the Constitution allows the President to take “extraordinary measures” under subsection 3 to address threats to the nation, it does not grant the power to suspend or remove elected officials in the state.

Falana pointed out that Section 305 of the Constitution only empowers the President to issue a proclamation of a state of emergency in the Federation or any part thereof, as published in the official Gazette, but does not permit the suspension of democratic structures.

He criticized the National Assembly for hastily endorsing the suspension of democratic institutions in Rivers State through a voice vote, accusing lawmakers of partisan politics and failing to conduct a thorough review of the President’s proclamation.

The virtual conference, co-hosted by prominent columnist Farooq Kperogi, Moses Ochonu, and Osmond Agba, provided a platform for the Lagos-based human rights lawyer to voice his concerns over the controversial move.