The Nigerian Bar Association (NBA) has criticised President Bola Tinubu’s declaration of a state of emergency and removal of Governor Siminalayi Fubara of Rivers State.
In a statement on Tuesday, NBA President, Mazi Afam Osigwe (SAN) said the President does not have the constitutional power to remove an elected governor under a state of emergency.
“Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments,” he said.
NBA therefore urged the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials.
“The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.”
NBA warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
The association also demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms while encouraging all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers to prevent unconstitutional governance and abuse of power.
Hours after President Bola Tinubu declared a state of emergency in Rivers State, soldiers have taken over the state Government House.
An Armoured Personnel Carrier has also been stationed at the entrance of the Government House along Azikiwe Road in Port Harcourt.
It is not clear if Governor Siminalayi Fubara was still in his official residence when the troops took over the premises around 9 pm.
Tension enveloped Rivers State on Tuesday evening, following President Tinubu’s declaration of a state of emergency to end the lingering political battle involving the state governor, Siminalayo Fubara and his predecessor, Nyesom Wike.
The declaration prompted residents and motorists in Port Harcourt, the state capital, to rush home to their families because they feared a possible breakdown of law and order.
In his nationwide broadcast, President Tinubu justified the declaration, citing the unresolved crisis in the state, which he said has defied political solutions.
He said, “By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for six months.
“In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (retd.) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate.”
Meanwhile, the suspended governor, Fubara, has called on state residents to be calm, saying he’ll “engage with all relevant institutions to ensure that our democracy remains strong.”
In a statement titled “Press Release by the Executive Governor of Rivers State,” Fubara blamed lawmakers loyal to Wike, accusing them of frustrating his efforts to comply with the Supreme Court judgement.
His statement read in part, “My dear Rivers People, I address you today with a deep sense of responsibility and calm as we navigate this unfortunate moment in our state’s political history.
“Since assuming office as your governor, all my actions and decisions have been guided by my constitutional oath of office and a great sense of duty.
“We prioritised the protection of lives and property and ensured the continuous progress of our dear state.
“Even in the face of the political impasse, we have remained committed to constitutional order and the rule of law, putting the interest of our people above all else.
However, while political affairs at Rivers will now be governed by Vice Admiral Ibokette Ibas (retd.) for six months, political stakeholders, parties, and lawyers have criticised President Tinubu’s declaration, describing it as undemocratic.
Source : Theeditorial
