The Nigerian Bar Association (NBA) has reiterated its stance that President Bola Tinubu’s removal of Rivers State Governor, Siminalayi Fubara, is unconstitutional and has urged the President to reverse the decision.

On Tuesday, President Tinubu declared a state of emergency in Rivers State, suspending the governor, his deputy, and all members of the House of Assembly amid the ongoing political crisis in the oil-rich state. In their place, he appointed Ibok-Ete Ibas, a retired naval chief, as the state’s sole administrator.

Following its earlier condemnation of the President’s actions, the NBA, through its President, Afam Osigwe, reaffirmed its position that Fubara must be reinstated as governor, as the Nigerian Constitution does not recognise a sole administrator.

“That is our belief, and that is what we expect the President to do—to restore Fubara to power, having unconstitutionally removed him,” Osigwe said while speaking on Sunday Politics.

“We do not recognise a sole administrator as the legitimate occupant of Government House in Rivers State, as such an appointment is unconstitutional.

“When I saw him taking the oath of office, I wondered which oath he was taking because it is not one recognised by the Constitution,” Osigwe added.

Osigwe, a Senior Advocate of Nigeria, argued that the approach taken to resolve the crisis in Rivers State is fundamentally flawed, comparing it to using a sledgehammer to treat a headache.

According to him, the measures implemented to address the crisis are excessive, undemocratic, and, above all, unconstitutional.

He maintained that the conflict in Rivers State is political and requires a political solution rather than an unconstitutional intervention.

‘No Constitutional Gap’

Some analysts have claimed that Section 305 of the 1999 Constitution provides a loophole that allowed President Tinubu to justify his actions in Rivers State. However, the NBA President refuted this assertion, insisting that the Constitution is clear on the matter.

“I do not believe that Section 305 is ambiguous. I simply believe that we have deliberately refused to apply it as it is,” Osigwe stated.

While the National Assembly has approved the declaration of a state of emergency in Rivers State, Osigwe argued that this does not legitimise the President’s actions.

“The National Assembly’s approval is akin to placing something on nothing,” he said.