The decision to suspend Governor Siminalayi Fubara of Rivers State has drawn mixed reactions as several Nigerians debate its constitutionality.

While President Bola Tinubu’s decision appears novel to many, FIJ can report that it is not the first time a sitting Nigerian President would declare a state of emergency in a state and suspend its governor, but serving as Lagos State Governor the first time it happened, Tinubu described the move as an illegality.

The first time this phenomenon occurred was also on a Tuesday but in May 2004. It was one year into the second term of President Olusegun Obasanjo.

Muslims had been killed in Yelwa, Plateau State on May 2, and several reports described it as a religious attack led by Christians of the Tarok tribe. When this story went viral, Muslims in Kano State began killing Christians there in retaliation, leading to a breakdown of law and order.

The Nigerian Red Cross said more than 600 Muslims were killed by Christian militants wielding guns and machetes.

Before the May 2004 incident, Christians and Muslims in Plateau had fought each other and lost over 2,000 people on both sides since 2001. Obasanjo then declared a state of emergency in Plateau State, sacked Governor Joshua Dariye and accused him of failing to act to end the violence.

A news clipping, shared by ArchivingNG on X, shows an excerpt from The Comet newspaper quoting Tinubu as saying Dariye’s removal was illegal.

Obasanjo also announced the Plateau State legislature would no longer exercise any powers as they also stood suspended. In their stead, he appointed Chris Ali, a retired army general, as interim administrator for six months. Ali was an indigene of Plateau.

READ MORE: UPDATED: Tinubu Declares State of Emergency in Rivers

During a nationwide radio broadcast on May 18, 2004, Obasanjo described Dariye as an indecisive governor and said his failure to intervene firmly to stamp out sectarian violence had led to the Yelwa massacre.

He said, “If anything, some of his utterances, his lackadaisical attitude and seeming uneven-handedness over the contending issues present him as not just part of the problem, but also as an instigator and a threat to peace.

“I hereby declare a state of emergency in Plateau State.”

Reacting that day, Stanley Bentu, spokesman for the Plateau State government, said the governor had “accepted the decision” to impose a state of emergency in good faith and did not even bother to go to his office.

However, some critics faulted Obasanjo’s failure to do the same in Kano State, where Ibrahim Shekarau was governor.

Dariye travelled to the UK after his impeachment and was arrested by the police in September 2004. He got out on bail and returned to Nigeria to continue as governor in November when the six-month period elapsed. Two years later, he faced an illegal impeachment proceeding led by six lawmakers in the state.

AGAIN, OBASANJO DECLARES STATE OF EMERGENCY IN EKITI, SACKS FAYOSE

“I hereby declare a state of emergency in Ekiti State,” Obasanjo announced.

The date was October 19, 2006, and the president again made a national broadcast declaring impeachment proceedings against Governor Ayo Fayose as illegal.

The impeachment proceedings the state assembly instituted against Fayose, was on the grounds of corruption allegations, diversion of state funds and receipt of kickbacks.

READ MORE: FULL TEXT: Tinubu Declares State of Emergency on Food Security

The assembly succeeded in removing Fayose, Deputy Governor Abiodun Olujimi and Kayode Bamisile, the state’s chief judge.

They then installed Friday Aderemi, Speaker of the House of Assembly, as governor.

“It is a clear case of usurpation of power,” Obasanjo said about Fayose’s impeachment. “It is dangerous for our democracy to allow this flagrant violation.”

Fayose was not the only governor accused of corruption. The Economic and Financial Crimes Commission (EFCC) was probing 31 governors in Nigeria at the time for various cases of corruption ahead of the April 2007 general election.

Since Obasanjo left office in 2007, no other president has invoked Section 305 Subsection 3 of the 1999 Constitution (as amended) until Tuesday.