Fubara’s Removal: I Will Encourage Tinubu to Remove Any Governor with Greater Vigour – AGF Fagbemi

Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, on Wednesday defended Bola Tinubu’s state of emergency proclamation in Rivers State, asserting that the he has the authority to remove any governor from office.

Mr. Fagbemi’s statement, which is not supported by the Nigerian Constitution, followed Mr. Tinubu’s directive on Tuesday for the removal of Siminalayi Fubara as the governor of Rivers State.

Lateef Fagbemi (AGF)

Citing an ongoing political crisis in the state, the president justified his decision as lawmakers moved to impeach the governor due to political disputes.

Since the declaration of emergency rule on Tuesday evening, Mr. Tinubu has faced intense criticism, with legal analysts questioning the constitutional legitimacy of his decision. Many have argued that he does not possess the authority to suspend an elected governor who has not been impeached.

In an attempt to justify the action, Mr. Fagbemi not only supported the proclamation but also emphasized that any governor who posed a challenge to the president’s administration could face removal.

“If it happens again, I will encourage the president to do the same, maybe with greater vigour and vitality,” the attorney-general stated firmly.

He further noted that Mr. Tinubu would not extend preferential treatment to any state and would fully enforce emergency laws against non-compliant state governments.

“It’s Rivers State today; it can be anybody’s turn tomorrow,” he remarked during a briefing on Wednesday.

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“Let the signal be clearly sent for those who want to foment trouble, who want to make the practice of democracy and enjoyment of dividends of democracy a mirage to think twice,” he added.

The proclamation of emergency rule has caused widespread alarm, as Mr. Fubara had not yet been impeached. Mr. Tinubu’s invocation of Section 305 of the Nigerian Constitution to remove an elected governor has been widely criticized as an overextension of presidential power.

The reasoning behind Mr. Fagbemi’s assertion remains unclear. Section 305 of the Nigerian Constitution permits the president to declare a state of emergency to restore order but does not explicitly grant him the power to dissolve democratic institutions and impose emergency military rule. The National Assembly has until Thursday to approve the declaration, though most lawmakers were absent from the parliament on Wednesday to avoid addressing the issue.

Some governors have signaled their intention to seek Supreme Court intervention to challenge the president’s decision and possibly overturn it.

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