From Ameh Ochojila AbujaA professor of Worldwide Environmental and Public Worldwide Regulation, Cyprian F. Edward-Ekpo, has known as on President Bola Tinubu to rescind the suspension of Governor Siminalayi Fubara earlier than the listening to of the swimsuit filed by some governors on the matter earlier than the Supreme Courtroom.
Edward-Ekpo, who can be the Director, Institute of Regulation Analysis & Growth of United Nations (ILAWDUN), Washington D.C, USA, stated the swift and corrective motion will assist reaffirm the president’s dedication to democracy and reposition his picture as a frontrunner who values the rule of regulation, and reveal that he listens to the folks.
Following the president’s suspension of Governor Fubara, his deputy, Ngozi Odu and members of the state meeting on March 18 and the appointment of a retired navy as sole administrator, the Nationwide Meeting two days later ratified the motion.
Consequently, seven governors of the opposition Peoples Democratic Get together (PDP) comprising Adamawa, Bauchi, Bayelsa, Enugu, Osun, Plateau and Zamfara states have filed a swimsuit on the Supreme Courtroom difficult the constitutionality of the motion.
Prof. Edward-Ekpo stated the president, permitting the Supreme Courtroom to dismiss the matter both by technicality or by forcing the events to withdraw the swimsuit, as some folks anticipate, would injury his status as a pro-democracy advocate.
He stated, “I’m conscious that the courts, notably the Supreme Courtroom, are at the moment saddled with this matter. Mr. President, heeding my humble enchantment is your finest plan of action.
“I perceive that you’re caught between the Satan and the Deep Blue Sea— a troublesome selection—ready for the court docket’s determination on this constitutional disaster or taking the extra prudent and well-liked path of correcting the error now.
“Let me clarify why the latter is the wiser choice: (a) If the Supreme Courtroom upholds the emergency declaration and the suspension of a democratically elected state governor and legislature by one other democratically elected official (the President and the Nationwide Meeting), it’ll completely stain your legacy.
“You can be remembered because the President who undermined constitutional ideas and legitimised illegality. Whatever the court docket’s ruling, the notion shall be that the Supreme Courtroom was influenced by you.
“Nevertheless, of their dedication to justice and constitutionalism, the Supreme Courtroom Justices can not, in good conscience, maintain such an apparent constitutional violation. Part 305 of the 1999 Structure doesn’t grant a democratically elected President the facility to droop or take away a democratically elected state authorities underneath a federal system—underneath any guise.”
He argued that it additionally doesn’t empower the Nationwide Meeting to take a voice vote to find out a two-thirds majority or override constitutional provisions to justify a state of emergency.
The motion of imposing a sole administrator on a state, he stated, would instantly contradict Part 1(2) of the 1999 Structure, which explicitly forbids governance by a military-style sole administrator.
