The Nigerian Bar Association (NBA) has reaffirmed its stance that the removal of Rivers State Governor, Siminalayi Fubara, by President Bola Tinubu is unconstitutional. The association has called on the President to reverse the decision and restore Fubara to office.
On Tuesday, President Tinubu declared a state of emergency in Rivers State, suspending the governor, his deputy, and all members of the House of Assembly due to the ongoing political crisis in the oil-rich state. He subsequently appointed Ibok-Ete Ibas, a retired naval chief, as the state’s sole administrator.
Speaking on Sunday Politics, NBA President Afam Osigwe condemned the President’s action, insisting that the constitution does not recognize the appointment of a sole administrator.
“That is our position and what we expect the President to do — restore Fubara to power, as his removal was unconstitutional,” Osigwe stated. “We do not recognize a sole administrator as the legitimate authority in Rivers State because the appointment itself is unconstitutional.”
Osigwe also questioned the legitimacy of the oath of office taken by Ibas. “When I saw him taking the oath, I wondered what kind of oath it was because it’s not one recognized by the constitution,” he said.
He compared the President’s response to using a sledgehammer to treat a headache, calling the measures “overreaching, excessive, undemocratic, and above all, unconstitutional.” According to Osigwe, the problem in Rivers State is political and requires a political solution.
No Constitutional Gap
Some have argued that Section 305 of the 1999 Constitution provides a basis for the President’s action, but Osigwe firmly rejected this claim.
“I do not believe Section 305 is unclear; I believe we are simply refusing to apply it correctly,” he said.
Although the National Assembly has approved the state of emergency in Rivers State, Osigwe argued that this does not validate the President’s actions.
“The National Assembly’s approval is like placing something on nothing,” he asserted.
