By Ken Chiwendu
The Nigerian Bar Association (NBA) has again asked President Bola Tinubu to rescind his decision on the removal of the Rivers State governor, Siminalayi Fubara, saying that it is unconstitutional .
On Tuesday, March 18 2025,the President declared a state of emergency in Rivers State, suspending the governor, his deputy and all the members of the House of Assembly over the political crisis rocking the state.
The President appointed Ibok-Ete Ibas, a retired naval chief, from Cross River State as the state’s sole administrator.
In following up with its earlier statement condemning the action of the President regarding Rivers State, the NBA insists that Fubara must be brought back to his position as the governor of Rivers State as the constitution does not recognise a Sole Administrator.
Speaking as guest on Channels TV programme, Sunday Politics,NBA President,Afam Osigwe SAN said the Association expects President Tinubu to restore Fubara immediately.
“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 said on the programme when asked if the president should recall the governor.
“And that is why we do not recognise a sole administrator is the rightful person to occupy the government house in Rivers State having been appointed unconstitutionally.
“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, said that the problem in Rivers State is being cured with a wrong solution, likening it to one using a sledgehammer on his head because of headache.
According to him, the measure being taken to address the Rivers problem “are overreaching, extensive, undemocratic and above all, unconstitutional.”
He maintained that the problem in Rivers State is political and only a political solution will bring it to an end.
Osigwe also dismissed claims that there was a gap in Section 305 of the 1999 Constitution which President Tinubu used in taking the action in Rivers State, insisting that the Constitution is clear enough.
“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,”
The NBA President also clarified that approval of the National Assembly to the declaration of State of Emergency in Rivers State does not legitimize the President’s action in any way.as he likened the lawmakers decision to placing something on nothing.
