Justice Miakpor Emiaso (retd.), former President of the Delta State Customary Court, has fiercely criticized President Bola Tinubu�s decision to release Rivers State�s allocation to a Sole Administrator, labeling it a grave constitutional violation and a threat to Nigeria�s democratic system. In an interview with Vanguard, the retired judge argued that the move lacks legal backing and sets a perilous precedent for governance in the country.
Emiaso condemned the appointment of a Sole Administrator to manage Rivers State�s affairs, asserting that the Nigerian Constitution provides no framework for such a position. �It is unlawful, it is unconstitutional. You cannot release funds to a sole administrator,� he stated emphatically. He warned that any actions taken by the administrator would be �ultra vires��beyond their legal authority�and therefore null and void. �The Constitution does not conceive of a situation where you even appoint a sole administrator to run a state,� he added.
The retired judge�s critique extended to President Tinubu�s suspension of Rivers State Governor, Siminalayi Fubara, which he described as a direct assault on democratic principles. �There is no arrangement in the constitution that permits any authority in this country to suspend an elected officer, least of all a governor,� Emiaso said. He cautioned that this unprecedented action could empower future presidents to arbitrarily remove elected governors, destabilizing Nigeria�s democratic fabric. �The president suspending the governor of Rivers State is a very major threat to our democratic system,� he warned.
Citing numerous court rulings, Emiaso stressed that Nigeria�s judiciary has consistently upheld that no individual, including the president, possesses the authority to suspend elected officials. �There are so many decisions of our courts to that effect that nobody can suspend the governor. Nobody can suspend even members of the House of Assembly if they are elected,� he explained. He underscored that the Constitution outlines a clear process for removing elected officials, which does not include suspension by executive fiat.
The controversy stems from Tinubu�s decision to redirect Rivers State�s funds amid a political crisis in the state, bypassing the elected governor in favor of a Sole Administrator. Emiaso�s outspoken opposition reflects mounting unease among legal and political circles about the implications of such actions. As Nigeria navigates this constitutional standoff, the retired judge�s remarks amplify calls for adherence to the rule of law and the preservation of democratic norms in the face of executive overreach.
