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 called on the President to reverse the decision.
On Tuesday, President Tinubu declared a state of emergency in Rivers State, suspending the governor, his deputy, and all members of the State House of Assembly due to the ongoing political crisis in the oil-rich state. The President also appointed retired naval officer Ibok-Ete Ibas as the state’s sole administrator.
Following its earlier condemnation of the President’s actions in Rivers State, the NBA, led by its President Afam Osigwe, reiterated that Fubara should be reinstated as governor, emphasizing that the constitution does not recognize a Sole Administrator.
In an appearance on Sunday Politics, Osigwe stated, “This is our position; we expect the President to restore Fubara to his position as governor since his removal was unconstitutional.” He added, “We do not recognize a sole administrator as the legitimate person to occupy the Governor’s office in Rivers State, as their appointment was unconstitutional. Even when I saw him take the oath of office, I was perplexed, as it was an oath not recognized by the constitution. The constitution does not acknowledge an administrator.”
‘Political Solution Required’
Osigwe, a Senior Advocate of Nigeria, argued that the solution to the Rivers State issue is being mishandled, comparing it to using a sledgehammer to treat a headache. He criticized the measures taken to resolve the situation as “overreaching, excessive, undemocratic, and, above all, unconstitutional.” He insisted that the crisis in Rivers State is political in nature and can only be resolved through a political solution.
‘No Constitutional Gap’
While some have argued that Section 305 of the 1999 Constitution, which the President used to justify his actions in Rivers State, contains a gap, Osigwe disagreed. He argued that the Constitution is clear and that the issue lies in the deliberate refusal to apply it correctly.
Although the National Assembly has approved the state of emergency in Rivers, Osigwe does not believe that the lawmakers’ approval has legitimized the President’s actions. He compared the approval to “placing something on nothing.”
