African Bar Association asks Tinubu to reverse emergency rule in Rivers

African Bar Association has asked President Bola Tinubu to reverse the emergency rule in Rivers state. 

On Tuesday night, Tinubu declared a state of emergency in Rivers following the prolonged political crisis in the south-south state.

The president also suspended Siminalayi Fubara as governor of Rivers, his deputy and members of the state assembly.

The president nominated Ibok-Ete Ibas, a retired vice-admiral, as the administrator of Rivers state.

Reacting in a statement on Wednesday, Nicholas Sumba, the association’s director of publicity, described the president’s action of suspending elected members of the state government as “unconstitutional”.

The association noted that while the president is legally backed to declare a state of emergency pursuant to section 305 (1), (2), (3), (4) and (5), he lacks the powers to remove democratically elected leaders.

“African Bar Association is in disagreement with the president of Nigeria in adding suspension of the governor, deputy governor and members of the state house of assembly, duly elected by the mandate of Rivers state electorate with a term certain,” the statement read.

“African Bar Association has copiously gone through the Constitution of Federal Republic of Nigeria 1999 and cannot locate the powers of the president of Nigeria to so suspend elected officials of Rivers state government and her legislative wing and subsequent appointment of an unelected administrator to preside over the affairs of Rivers state government for an initial Six (6) months subject to re-appointment.”

Citing several sections of the Nigerian contitution and judicial precedents by the supreme court, the association said under no circumstance should a democratic structure be desolved even in a state of emergency.

“…the constitution has taken care of what is to be done if the state legislature is unable to function,” the association said.

“Therefore the President of Nigeria instruction that the administrator is free to ‘formulate regulations as may be found necessary to do his job, but such regulations will need to be considered and approved by the Federal Executive Council and promulgated by the President for the state’ is patently illegal and unconstitutional.

“The president of Nigeria should ruminate and have a rethink and follow the path of constitutionality.

“African Bar Association is appalled and disheartened by the action of the president of Nigeria. It is most unfortunate that the Constitution and case law in Nigeria is quite clear and unambiguous in outlawing what the president of Nigeria has done.

“The president of Nigeria must mind the consequences of his unconstitutional and unlawful actions of dismantling democratic institutions, which is a killjoy to democracy.

“The actions of the president of Nigeria is an aberration and an invitation to avoidable untoward negative happenings.

“African governments must avoid the invitation of humanitarian problems to the governed by deliberate actions that are actuated by intended democracy harm.

“African Bar Association notes that the President of Nigeria had lead the fight against undemocratic governance in West Africa and Africa and is therefore worried of his present action as it concerns Rivers State in South-South, Nigeria.

“African Bar Association hereby calls on the President of Nigeria to restore the duly elected Governor, Deputy Governor and members of the Rivers state house of assembly to their positions and follow the dictates of the Constitutions of Federal Republic of Nigeria in any action to remove them from office.

“African Bar Association recognizes the competence with merit of attorney-general and minister of justice of Nigeria and do hope that he will do the needful in this matter.

“Finally, the African Bar Association calls for the reversal of the Six (6) months suspension of the governor, deputy governor and members of the Rivers state house of assembly same being illegal and unconstitutional.”