By: Chioma Madonna Ndukwu
The Nigerian Bar Association (NBA) has called on President Bola Tinubu to swiftly restore Governor Siminalayi Fubara to his position, describing his removal as unconstitutional.
The NBA condemned Tinubu’s actions following the declaration of a state of emergency in Rivers State, which led to the suspension of Fubara, his deputy, and all members of the state’s House of Assembly.
The President appointed Ibok-Ete Ibas, a retired naval officer, as the state’s sole administrator, which the NBA argues is a violation of Nigeria’s constitution.
NBA President Afam Osigwe, speaking on Sunday Politics, stressed that the constitution does not allow for a sole administrator to govern the state, saying, “That is our belief, that is what we expect the president to do, to restore him (Fubara) back to power having unconstitutionally removed him.”
He pointed out the absurdity of the situation, noting, “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.”
Osigwe criticized the government’s approach, stating that the solution being implemented was flawed:
“The problem in Rivers State is being cured with a wrong solution, it’s like using a sledgehammer on your head because of a headache.”
He further described the measures as “overreaching, extensive, undemocratic, and above all, unconstitutional.”
Osigwe emphasized the need for a political solution to resolve the crisis in Rivers State, insisting, “The problem in Rivers State is political, and only a political solution will bring it to an end.”
He also rejected the idea that the National Assembly’s approval of the president’s actions made them legitimate, explaining, “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.”
Regarding the National Assembly’s approval, he remarked, “It’s like placing something on nothing.”
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