No One Above The Law: Retired Judge Calls Out Tinubu Over Funds Release And Governor Suspension

In an interview with Vanguard, Emiaso criticized the president’s move, emphasizing that it was both unlawful and unconstitutional. He stated, “It is unlawful, it is unconstitutional, you cannot release funds to a sole administrator; it is a grave mistake.”

The retired judge highlighted that the constitution does not allow for the appointment of a sole administrator to govern a state, labeling the practice as “wrong.” He explained that any actions taken by such an administrator would be deemed “ultra vires,” meaning outside their legal authority, and thus, void.

“The constitution does not allow for the appointment of a sole administrator to run a state. Appointing a sole administrator is unconstitutional; any action they take is ultra vires and null and void,” Emiaso emphasized.

Additionally, Emiaso expressed his disapproval of the president’s suspension of Rivers State Governor, Siminalayi Fubara, warning that such an action could pose a serious threat to Nigeria’s democracy. He argued that it sets a dangerous precedent where the president could arbitrarily suspend any governor in the country, weakening the democratic system.

“There is no provision in the constitution that allows anyone, including the president, to suspend an elected official, especially a governor. The suspension of the Rivers State governor is a major threat to our democracy,” Emiaso remarked.

The former judge referenced numerous court rulings affirming that no one, not even the president, has the power to suspend an elected governor or state legislators. He stressed that the constitution has a clearly defined process for removing elected officials, which does not involve suspension.

“There are many court decisions on this: nobody can suspend a governor, and nobody can suspend members of the House of Assembly. There is a process for removing them, but it is not by suspension,” Emiaso concluded.