- NLC, TUC-unconstitutional, dangerous overreach of executive power, NBA… unconstitutional usurpation of power
BY BONNY AMADI
The Nigerian Bar Association, Coalition of Northern groups 9CNG), the Nigerian Labour Congress, (NLC), Trade union Congress (TUC), Renowned political economist and public affairs commentator Prof. Pat Utomi, amongst other prominent Nigerians and groups have risen in defence of Nigerian Democracy calling for reversal of sack by Nigerian president, of all democratic structures in Rivers state.
Nigeria’s President Bola Ahmed Tinubu on Tuesday declared a state of emergency in Rivers following the lingering political crisis in the state. “By this declaration, the Governor of Rivers, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers are hereby suspended for an initial period of six months”
The political crisis in the state stems between legislators loyal to the state governor, Siminalayi Fubara and those loyal to the immediate past governor, now minister of the Federal Capital Territory (FCT) Abuja, Nyesome Wike.
The president said that it became compelling for him to invoke the provision of section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers with effect from March 18.
“By this declaration, the Governor of Rivers, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers are hereby suspended for an initial period of six months.
“In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (Rtd.) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State,” Tinubu said.
The Nigerian Bar Association (NBA) reacting to the development in Rivers state Nigeria, said that the “NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months”.
The President, Nigerian Bar Association (NBA) Mazi Afam Osigwe, SAN, in his reaction, titled ““STATE OF EMERGENCY IN RIVERS: “SUSPENSION” OR OTHERWISE SUMMARY REMOVAL OF A DEMOCRATICALLY ELECTED GOVERNOR AND OTHER ELECTED OFFICIALS IS UNCONSTITUTIONAL” said that such action by the president amounts “an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure”.
“A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure”.
The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.
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