NBA demands reversal of emergency rule in Rivers

The Nigerian Bar Association (NBA) has condemned the removal of Rivers State Governor, Siminalayi Fubara by President Bola Tinubu.

The body described the declaration of a state of emergency in the oil-rich state as unconstitutional and urged the president to reverse the decision and restore the governor to office.

The controversy followed President Tinubu’s declaration of a state of emergency in Rivers State on Tuesday.

The president suspended the governor, his deputy, and all members of the State House of Assembly amid a deepening political crisis in the state.

In their place, Tinubu appointed a former chief of naval staff, Ibok-Ete Ibas as the state’s sole administrator—an appointment the NBA insists has no constitutional basis.

Speaking on Sunday Politics, NBA President Afam Osigwe reaffirmed the association’s stance that Fubara’s removal and the installation of a sole administrator violate the 1999 Constitution. He stressed that such an action sets a dangerous precedent for Nigeria’s democracy.

“That is our belief, and that is what we expect the President to do. To restore Fubara to power, having unconstitutionally removed him,” Osigwe said.

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“The constitution does not recognize a sole administrator as a rightful occupant of Government House in Rivers State. Even when I saw him (Ibas) taking an oath of office, I wondered which oath it was, because it is an oath not known to the constitution.”

Osigwe, a Senior Advocate of Nigeria (SAN), likened the government’s handling of the crisis to using a sledgehammer to treat a headache. He argued that the measures taken were excessive, undemocratic, and ultimately unconstitutional.

The NBA’s position directly challenges claims that the President acted within the provisions of Section 305 of the 1999 Constitution, which governs the declaration of a state of emergency. Some legal experts argue that the section contains ambiguities that Tinubu may have relied on, but Osigwe firmly dismissed this notion.

“I do not believe Section 305 is unclear,” he said. “I simply believe that we deliberately refuse to apply it the way it is.”

While the National Assembly has since approved the state of emergency in Rivers State, Osigwe insisted that legislative backing does not legitimize an unconstitutional act.

“The lawmakers’ approval is like placing something on nothing. It cannot stand,” he argued.

Beyond the legal concerns, Osigwe emphasized that the crisis in Rivers State is fundamentally political and requires a political resolution rather than drastic executive intervention.

“The problem in Rivers State is political, and only a political solution will bring it to an end,” he maintained.

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