Emergency Rule In Rivers Is Undemocratic, Unconstitutional – NBA Tells Tinubu

The Nigerian Bar Association (NBA) has again called on President Bola Tinubu to restore Governor Siminalayi Fubara back to his elected position as Rivers State governor without further delay.

The legal body insisted that the removal of Fubara by Tinubu is unconstitutional.

Recall that Tuesday, last wekk, President Tinubu had declared a state of emergency in Rivers State and followed it up with what many Nigerians have described as the unconstitutional suspension of the elected governor of the state, his deputy and all the members of the House of Assembly over the political crisis rocking the oil-rich state.

The President appointed Ibok-Ete Ibas, a retired naval chief, as the state’s sole administrator.

The NBA had immediately released a statement saying the President lacked such powers to suspend democratically elected officials.

Following up with its earlier statement, the NBA whose President, Afam Osigwe, was a guest on Sunday Politics, on Channels Television, insisted that Fubara must be brought back to his position as the governor of Rivers State as the constitution does not recognize 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 that 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,” he said.

Osigwe pointed out 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.

He said the measures 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.

“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.

Osigwe also does not believe that the national assembly approval legitimized the President’s action.

He said that the National Assembly’s approval is like placing something on nothing.