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*Fubara’s Mood Not a Legal Justification, Restore Democracy in Rivers – HURIWA* The Human Rights Writers Association of Nigeria (HURIWA) has reacted strongly to the recent remarks by suspended Rivers State Governor, Siminalayi Fubara, suggesting his lack of interest in returning to office, warning that such developments—regardless of the governor’s personal disposition—should not be normalized in a constitutional democracy. In a statement issued on Monday in Abuja, HURIWA stressed that Nigeria’s democracy is anchored on the rule of law, the supremacy of the constitution, and the sanctity of electoral mandates. The Association expressed deep concern that Governor Fubara’s nonchalance, reflected in his public remarks at the service of songs held for the late elder statesman, Chief Edwin Clark, could be misinterpreted as acceptance of an illegality and further embolden anti-democratic forces. At the Port Harcourt event on Sunday, Fubara was quoted as saying, “Can’t you see how better I look? Do you think I am interested in it? Do you even know if I want to go back there? My spirit had already left that place long ago.” HURIWA said while the comments may reflect his personal frustrations, they do not erase the fact that a sitting President has no constitutional powers to suspend a duly elected governor and impose a sole administrator over a federating unit. “We are not responding to the person of Governor Fubara, but to the dangerous implications of what has happened in Rivers State,” the statement read. “The President of Nigeria, as powerful as his office may be, has no constitutional right to suspend a governor or appoint a military administrator over any state. What has taken place in Rivers State is a coup against the Nigerian Constitution.” HURIWA reiterated that Section 180 of the 1999 Constitution clearly states the tenure of a state governor and provides for only three legal avenues to remove a governor: resignation, impeachment by the State House of Assembly through due process as provided under Section 188, or by a court order. Nowhere in the Constitution, HURIWA said, is a President empowered to arbitrarily suspend a state governor or hand over governance to an unelected appointee. Again, the Association emphasized that Section 11(4) of the Constitution only allows the National Assembly to intervene in the affairs of a state in a time of breakdown of law and order—but even that does not empower the President to suspend governors or impose unelected administrators. The section provides that the National Assembly may make laws for peace and order, not remove or suspend a governor from office. “It is a mockery of our constitutional democracy for the federal government to take over a state without a formal declaration of a state of emergency by the National Assembly as required under Section 305. Even if there is a state of emergency, the law does not give the President the powers to impose a sole administrator. The office of the governor is a constitutional creation—not a presidential appointee,” HURIWA said. The group said that Fubara’s public expression of indifference to returning to office should not be misconstrued to legitimize the unlawful takeover of Rivers State. HURIWA called on Nigerians to see beyond political sentiments and focus on defending democratic institutions, regardless of personal opinions or affiliations. “Even if Governor Fubara says he is tired or uninterested, it is not his mandate to discard,” HURIWA continued. “That mandate belongs to the people of Rivers State who elected him. No governor can be suspended by executive fiat. What we are witnessing is an unconstitutional power grab that must be resisted by all democratic forces.” HURIWA warned that if this unconstitutional model is allowed to stand in Rivers, it may be replicated in other states, turning Nigeria into a pseudo-military state governed not by law but by the whims of central authority. “Today it is Rivers. Tomorrow it could be any other state where political tensions exist. If the President can wake up and replace an elected governor with a retired naval officer, then what is the meaning of democracy?” the group asked. The rights group called on the leadership of the National Assembly—Senate President Godswill Akpabio and Speaker of the House of Representatives, Tajudeen Abbas—as well as all well-meaning statesmen and senior advocates of Nigeria’s democracy to speak out against what it described as a creeping authoritarianism. HURIWA also urged the judiciary to remain vigilant and not become complicit in rubber-stamping acts that erode the constitution. The Association called on the courts to defend constitutional order and declare any such suspension and appointment of sole administrators as null and void. “The Nigerian people must demand that democratic institutions be respected. The silence of some political actors is dangerous. Democracy dies not only by coups but by the silence of those who ought to speak,” HURIWA concluded. The Association reaffirmed its commitment to defending democracy and the constitution, regardless of party affiliations or personalities involved. *Comrade Emmanuel Onwubiko* National Coordinator, Human Rights Writers Association of Nigeria (HURIWA) May 12, 2025