The Nigerian Bar Association (NBA) has issued a strong demand for the immediate reinstatement of Governor Siminalayi Fubara, asserting that his removal was not only unconstitutional but also a direct violation of Nigeria’s democratic principles and the rule of law.
The call for reinstatement comes in response to the recent state of emergency declared by President Bola Tinubu in Rivers State, which led to the controversial suspension of the elected governor, his deputy, and the entire Rivers State House of Assembly. This unprecedented move has triggered widespread outrage among legal experts, political analysts, and citizens who view it as a dangerous precedent for democracy in Nigeria.
In what has been described as an extraordinary measure, President Tinubu appointed retired naval chief Ibok-Ete Ibas as the sole administrator of Rivers State, effectively replacing the democratically elected government with an unelected appointee. This decision has ignited a heated debate, with many questioning the legal and constitutional basis for such an action.
Reacting to the unfolding crisis, NBA President Afam Osigwe strongly condemned the president’s decision, emphasizing that it lacked constitutional legitimacy. Speaking during an interview on Sunday Politics, a program on Channels Television, Osigwe stressed that President Tinubu does not have the legal authority to suspend an elected governor and impose an unelected sole administrator in his place.
“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, underscoring the NBA’s firm stance against the violation of democratic governance in Rivers State.
He further argued that the appointment of Ibok-Ete Ibas as the sole administrator was an unconstitutional move that completely disregarded the provisions of the Nigerian Constitution. The NBA insisted that the role of an unelected administrator is not recognized within Nigeria’s legal framework.
“And that is why we do not recognize that a sole administrator is the rightful person to occupy the government house in Rivers State, having been appointed unconstitutionally,” Osigwe declared.
He went on to criticize the legal validity of the oath of office taken by Ibas, questioning the constitutional backing for such an appointment.
“Even when I saw him taking the 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 recognize an administrator,” Osigwe argued, pointing out the irregularities surrounding the swearing-in process.
The NBA further condemned the federal government’s heavy-handed approach in dealing with the political crisis in Rivers State, likening it to using a sledgehammer to crack a nut.
“The measures being taken to address the Rivers problem are overreaching, extensive, undemocratic, and above all, unconstitutional,” Osigwe stated firmly.
The association reiterated that the crisis in Rivers State is, at its core, a political dispute that should be resolved through dialogue and lawful means rather than unconstitutional interventions that threaten Nigeria’s democracy.
With growing calls for Fubara’s reinstatement, the situation in Rivers State continues to attract national and international attention, with many urging President Tinubu to reconsider his decision and uphold the rule of law.