The Nigerian Bar Association (NBA) has reaffirmed its stance that President Bola Tinubu’s removal of Rivers State Governor Siminalayi Fubara is unconstitutional, and has demanded that the President rescind the decision.
President Tinubu’s declaration of a state of emergency in Rivers State on Tuesday led to the suspension of the governor, his deputy, and the state’s House of Assembly, citing the ongoing political crisis.
He also appointed retired Naval chief Ibok-Ete Ibas as the state’s sole administrator.
Following their initial condemnation, the NBA, through its President Afam Osigwe, who appeared on Channels Television “Sunday Politics,” reiterated that Governor Fubara must be reinstated.
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The NBA emphasized that the 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.”
Afam Osigwe, a Senior Advocate of Nigeria, argued that the measures taken to address the situation in Rivers State are inappropriate, comparing them to using excessive force for a minor issue.
He described the actions as “overreaching, extensive, undemocratic, and above all, unconstitutional.”
Osigwe asserted that the conflict in Rivers State is political and requires a political resolution.
He also refuted claims of ambiguity in Section 305 of the 1999 Constitution, which President Tinubu cited as the basis for his actions, insisting that the Constitution is clear and explicit.
“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.
Regarding the National Assembly’s approval of the state of emergency, Osigwe argued that it does not legitimize President Tinubu’s action.
He likened the National Assembly’s approval to “placing something on nothing,” implying that it lacks a solid legal foundation.
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That is the right thing to do as stated by NBA President.