The Nigerian Bar Association (NBA) has reaffirmed its stance that President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara is unconstitutional, urging him to reverse the action.
Last Tuesday, the President imposed a state of emergency on Rivers, suspending the governor, his deputy, and state lawmakers due to ongoing political turmoil. He then appointed retired naval chief Ibok-Ete Ibas as the sole administrator.
Speaking on Channel’s Sunday Politics, NBA President Afam Osigwe emphasised that Fubara's removal had no legal basis and should be overturned.
“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 stated.
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He further questioned the legitimacy of Ibas’ appointment, noting that the Nigerian Constitution does not recognise the position of a sole administrator.
“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.”
Osigwe also criticised the federal government’s approach to resolving the crisis, comparing it to using extreme force for a minor ailment.
“The measures being taken are overreaching, extensive, undemocratic, and above all, unconstitutional.”
He insisted that a political dispute like this should be addressed through dialogue rather than forceful intervention.
Addressing claims that the President’s decision was justified under Section 305 of the 1999 Constitution, Osigwe dismissed the argument, asserting that the law is clear and does not support such action.
“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,” he said.
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Although the National Assembly has approved the emergency rule, the NBA president argued that this does not make the action legitimate.
“The National Assembly’s approval is like placing something on nothing,” he remarked.