As Rivers State counts down to the expiration of its six-month emergency rule on Thursday, sharp disagreements have erupted among lawyers, politicians, and activists over the return of suspended Governor, Siminalayi Fubara.
While some argue that his return to office is automatic under the constitution, others insist that fresh presidential or parliamentary action is required.
The debate has reopened questions on the legality of suspending a sitting, democratically elected governor and the potential precedent it sets.
Chairman of the Human and Environmental Development Agenda (HEDA), Lanre Suraj, in an interview with The Guardian, maintained that the process is straightforward. According to him, Fubara does not need to take another oath since he was suspended, not impeached.
“Ibas only needs to hand over to either the Secretary to the State Government or the Head of Service on Wednesday evening for power to be transferred seamlessly to Fubara on Thursday unfailingly,” Suraj said.
He added that the National Assembly’s only role is oversight of how the Sole Administrator, Vice Admiral Ibok-Ete Ibas (rtd), managed state finances during his tenure.
“Anything beyond Wednesday evening, if Ibas fails to hand over power, he can be arrested and tried for a criminal act,” he warned.
Ex-Lawmaker: No Broadcast, No Oath Required
A former member of the House of Representatives from Rivers State, Bernard Mikko, in an interview with The Guardian, aligned with Suraj’s view. He argued that neither President Bola Tinubu nor the National Assembly needs to act for Fubara to return.
“The President does not need to make any national broadcast to enable Fubara’s return, nor does the National Assembly have any role to play,” Mikko said.
However, he differed on whether Fubara’s tenure should be extended by six months, noting that legal interpretation would be required.
But Idowu Adelusi, former Chief Press Secretary to ex-Governor of Ekiti State, Ayodele Fayose, took a contrary stance. He argued that Fubara’s return cannot be automatic since his suspension was effected through an instrument of law ratified by the House of Representatives.
“It is therefore incumbent on the same President to apply the same instrument of law to lift the suspension on Fubara, which must also be notified to the legislature,” Adelusi said.
Citing the Ekiti precedent, he recalled that the National Assembly was duly informed even when Fayose’s suspension was extended under President Olusegun Obasanjo.
“Something cogent must be done by the President and the National Assembly between today and Wednesday evening, since Ibas cannot continue beyond Wednesday evening as Sole Administrator and, likewise, Fubara cannot just walk freely back to the office. Yet, there can never be a vacuum in Rivers. I speak from experience,” he cautioned.
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