By Peter Onyekachukwu 
By Peter Onyekachukwu, Warri
A constitutional lawyer, Dr. Akpo Mudiaga Odje, has strongly criticized the declaration of a state of emergency in Rivers State, describing it as an abuse of executive power.
He stated that no elected president has the constitutional authority to suspend a democratically elected governor, warning that such a move threatens Nigeria’s democracy.
Dr. Odje compared the current situation to the controversial state of emergency declared in Plateau State under former President Olusegun Obasanjo, where then-Governor Joshua Dariye challenged the proclamation in court. He noted that the case was withdrawn under questionable circumstances, preventing a definitive ruling on the legality of such presidential actions.
“This attempt to sideline an elected governor is unconstitutional,” Dr. Odje said. “The law is clear—no provision allows a president to remove a governor except through impeachment by the state assembly. Anything outside this process is a dangerous precedent.”
He argued that the legal justification for the move appears to be drawn from the colonial-era Emergency Act of 1961/62, the same law reportedly used by Obasanjo during the Plateau crisis. He further speculated that Attorney General Lateef Fagbemi, SAN, who trained under Chief Afe Babalola, may be applying the same controversial legal framework to justify the declaration in Rivers State.
Dr. Odje urged governors from the Peoples Democratic Party (PDP) to challenge the state of emergency collectively, warning that failing to resist now could embolden future governments to override elected state leaders at will. However, he acknowledged that the legal standing of other governors might be contested since the emergency rule directly affects only Rivers State.
“The consequence of a proclamation under Section 305 of the Constitution does not include the removal of an elected governor,” he explained. “Democratic institutions should continue to function under stricter security measures, but suspending an elected leader is a clear violation of constitutional principles.”
He pointed out that while Section 45(2) of the Constitution allows for certain restrictions on fundamental human rights during a state of emergency, it does not grant the president power to suspend elected officials. Instead, the Constitution outlines clear procedures:
A governor can only be removed through impeachment by the state assembly.
Lawmakers can only be recalled by their constituents.
No law permits the suspension of elected officials under any circumstances.
Dr. Odje warned that allowing such executive overreach could erode Nigeria’s democratic structures, opening the door for future political manipulations at both state and federal levels.
“The bottom line is simple,” he concluded. “An elected president cannot suspend an elected governor or state assembly members. Any such action is illegal and must be challenged through legal and democratic means.”
As the controversy unfolds, Governor Siminalayi Fubara and his allies are expected to respond, with political and legal battles likely to shape the course of governance in Nigeria in the coming days.