Osigwe also said he does not believe that national assembly’s approval legitimizes President Tinubu’s action
By Kehinde Okeowo
The president of the Nigerian Bar Association (NBA), Afam Osigwe has called on President Bola Tinubu to restore Rivers State governor, Siminalayi Fubara and other elected officials in the state to their positions without further delay.
He made the demand while featuring as a guest on Channels Television programme, ‘Sunday Politics’.
Last Tuesday, President Tinubu declared a state of emergency in Rivers State, thereby suspending the elected governor of the state, his deputy and all the members of the House of Assembly of the oil-rich state.
He went on to appoint a retired naval chief, Ibok-Ete Ibas, as the sole administrator of the state.
After the incident, the NBA released a statement saying the President lacked such powers to suspend democratically elected officials.
Following up with its earlier statement, Osigwe during the interview with Channels TV maintained that the removal of Fubara by Tinubu is “unconstitutional”.
He also insisted that Fubara and others must be brought back to their positions as the constitution does not recognize a Sole Administrator.
“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.
“And that is why we do not recognise that 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,” the NBA president added.
Osigwe further argued 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.
He said the measures 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.
“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,” he said.
Osigwe also said he does not believe that national assembly’s approval legitimizes President Tinubu’s action, arguing that federal lawmakers’ approval is like placing something on nothing.
