NBA Slams Tinubu’s Removal of Fubara as Unconstitutional, Demands Immediate Restoration

The Nigerian Bar Association (NBA) has renewed its call for President Bola Tinubu to promptly reinstate Governor Siminalayi Fubara to his democratically elected position as Rivers State governor, labeling his removal as unconstitutional. The NBA’s stance follows Tinubu’s controversial actions last Tuesday, when he declared a state of emergency in Rivers State amid a deepening political crisis in the oil-rich region. In a move widely criticized by Nigerians, the President suspended Fubara, his deputy, and all members of the Rivers State House of Assembly, appointing retired naval chief Ibok-Ete Ibas as the state’s sole administrator.

The NBA swiftly condemned the suspension, asserting that the President lacks the constitutional authority to remove elected officials in this manner. Reinforcing this position, NBA President Afam Osigwe, speaking on Channels Television’s Sunday Politics, emphasized that Fubara’s restoration is non-negotiable, as the Nigerian Constitution does not recognize the role of a sole administrator in state governance. “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, questioning the legitimacy of Ibas’s appointment. He further remarked, “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.”

Osigwe argued that the approach to resolving the Rivers crisis is fundamentally flawed, likening it to “using a sledgehammer on his head because of a headache.” He criticized the measures as “overreaching, extensive, undemocratic, and above all, unconstitutional,” asserting that the situation in Rivers State is a political dispute requiring a political resolution, not heavy-handed intervention. Addressing claims that Section 305 of the Constitution justifies Tinubu’s actions, Osigwe dismissed any ambiguity, stating, “I do not believe that it is not explicit; I simply believe that we deliberately refuse to apply it the way it is.”

The NBA president also rejected the notion that the National Assembly’s approval of the state of emergency legitimizes the President’s decision, describing it as “placing something on nothing.” The association remains steadfast in its position that the suspension undermines democratic principles and the rule of law, urging an immediate reversal to restore constitutional order in Rivers State.