The Nigerian Bar Association (NBA) has reaffirmed its stance that the removal of Rivers State Governor Siminalayi Fubara by President Bola Tinubu is unconstitutional and has urged the President to reverse the decision.
On Tuesday, President Tinubu declared a state of emergency in Rivers State, suspending Governor Fubara, his deputy, and all members of the State House of Assembly amid the ongoing political crisis in the oil-rich state. The President appointed retired naval chief Ibok-Ete Ibas as the sole administrator of the state.
In a follow-up to its earlier statement condemning the President’s actions, the NBA, represented by its President, Afam Osigwe, during an appearance on Sunday Politics, maintained that Governor Fubara must be reinstated. The association emphasized that the Nigerian Constitution does not recognize the position of a sole administrator.
“That is our belief, that is what we expect the president to do, to restore him (Fubara) back to power having unconstitutionally removed him,” Osigwe said on the programme when asked if the president should recall the governor.
“And that is why we do not recognise a sole administrator is the rightful person to occupy the government house in Rivers State having been appointed unconstitutionally.
“Even when I saw him taking oath of office, I was wondering which oath he was taking because he was taking an oath not known to the constitution, the constitution does not recognise an administrator.”
‘Political Solution needed’
Osigwe, a Senior Advocate of Nigeria said that the problem in Rivers State is being cured with a wrong solution, likening it to one using a sledgehammer on his head because of headache.
According to him, the measure being taken to address the Rivers problem “are overreaching, extensive, undemocratic and above all, unconstitutional.”
He maintained that the problem in Rivers State is political and only a political solution will bring it to an end.
‘No constitutional gap’
There have been claims in some quarters that there was a gap in Section 305 of the 1999 Constitution which President Tinubu used in taking the action in Rivers State, but the NBA president has refuted that, insisting that the Constitution is explicit enough.
“I do not believe that it (Section 305) is not explicit, I simply believe that we deliberately refuse to apply it the way it is,” Osigwe said.
The National Assembly has approved the declaration of state of emergency in Rivers State, but Osigwe does that believe that the lawmakers approval legitimized the President’s action.
He said that the National Assembly’s approval is like placing something on nothing.
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