Suspended Governor Siminalayi Fubara of Rivers state has been advised not to receive any hand-over note from the sole administrator of the state, Vice Admiral Ibok Ete Ekwe Ibas.
Dr. Tonye Clinton Jaja who gave the advice in an open letter to Fubara, said the suspended governor was prohibited by both the Nigerian constitution and ECOWAS Treaty from accepting hand-over note from sole administrator.
The letter dated 13th September 2025 read, “Your Excellency, Governor Siminialayi Fubara, Sir,
“You are a very fortunate person unknowingly President Bola Ahmed Tinubu (PBAT) and the National Assembly has unwittingly granted you an extension of your tenure by their imposition of a six month suspension upon your good self.
“You are entitled to a six month extension because the said state of emergency that was imposed upon your good self did not satisfy the requirements of Section 305 of the Constitution of the Federal Republic of Nigeria, 1999.
“This is because the pre-requisite essential requirement of two-thirds majority of the 469 legislators of the National Assembly was not satisfied on 20th March 2025.
“The Supreme Court of Nigeria has held that voice-votes are not acceptable as replacement whenever the constitution specifically provides for two-thirds majority. See the argument of the former Attorney-General of the Federation of Nigeria (AGF) in the case of National Assembly vs. President of the Federal Republic of Nigeria and the AGF (SC/214/2015).
“Also, the precedent that was decided in the year 2008 which extended the tenure of former Governor of Anambra State, Peter Obi is a binding precedent. See _PETER OBI V INEC_
Legalpedia Citation: (2008) Legalpedia (SC) 91267. In the Supreme Court of Nigeria
Tue Jan 29, 2008
Suit Number: SC. 123 / 2007 CORAM available online at https://www.google.com/amp/s/legalpediaonline.com/peter-obi-v-inec/amp/
“Therefore, let us await the pronouncement of the Supreme Court of Nigeria in the case filed by the Governors of the Peoples Democratic Party (PDP) regarding your suspension. Also, expected is the judgment of the judgment of the Economic Community of West African States (ECOWAS) Community Court of Justice regarding your suspension.
“By a combined operation of the State of Emergency in Rivers State Act, 2025 (until it is repealed by either the Supreme Court of Nigeria or by it’s own sunset clause), Section 12 of the Nigerian Constitution and the ECOWAS Treaty, 1993 collectively do not name your good self.
“Therefore, you are prohibited from receiving HAND-OVER NOTES from the Sole Administrator of Rivers State.
“Only the President of the Federal Republic of Nigeria is authorised by the SoE legislation to perform the said function.
“Also, pursuant to the ECOWAS Treaty, 1993 and Section 12 of the Nigerian Constitution, there is a 2001 ECOWAS Protocol that deems it illegal for any official who is not elected to administer any ECOWAS member state or its sub-national units.
“So my legal advisory is that you ought to take medical report to avoid like a plague the attendance of the planned HAND-OVER on 18th September 2025.
“Also, you are to avoid like a plague any interface with the purported Chairpersons of the Local Government Areas (LGAs) of Rivers State who were purportedly elected on 30th August 2025.
“Until there is a definite pronouncement by both the Supreme Court of Nigeria and the ECOWAS Court of Justice respectively.
“If you are in doubt about this position of the law, please kindly consult Senior Advocates of Nigeria (SAN) who are experts in constitutional law and litigation at the level of the Supreme Court of Nigeria and the ECOWAS Court of Justice respectively.
“Prof. Amos O. Enabulele, a professor of international and ECOWAS law.
“I thank you for your anticipated prompt and positive response”.
