Osigwe Blasts Plot To Oust Fubara: ‘No Justification For His Removal

The President of the Nigerian Bar Association (NBA), Afam Osigwe, has dismissed the justification for suspending Governor Siminalayi Fubara, his deputy, and members of the House of Assembly by President Bola Tinubu.....KINDLY READ THE FULL STORY HERE▶

Reports indicate that both the House of Representatives and the Senate, through voice votes on Thursday, endorsed President Tinubu’s declaration of a state of emergency in Rivers State. The federal lawmakers also upheld the suspension of Governor Fubara, his deputy, and the House of Assembly members.

Speaking in an interview with Arise News, Osigwe (SAN) emphasized that the Nigerian Constitution is explicit on the procedure for removing a sitting governor. He asserted that the House of Assembly retains the authority to make laws alongside the National Assembly during a state of emergency.

Osigwe acknowledged that intelligence gathering could influence presidential decisions, but stressed that such actions must align with constitutional provisions.

He stated: “Intelligence gathering sometimes includes mere gossip, but even if the intelligence behind this decision was correct, has it met the constitutional threshold for a state of emergency? I believe it has not.”

He further clarified that the argument that suspension is different from removal is misleading. “When a governor is suspended, their ability to perform duties is effectively terminated. That is a removal, whether temporary or not,” he insisted.

Citing Section 188 of the Constitution, Osigwe explained that it explicitly outlines the conditions under which a governor can be removed, and a state of emergency is not among them. Similarly, Section 11 does not provide for a governor’s removal during such a period.

He questioned the legality of the move, saying: “If a national state of emergency were declared, does that mean the President’s office would also be declared vacant? Clearly not. The purpose of an emergency is to allow extraordinary measures to resolve crises, not to dismantle democratically elected offices.”

Osigwe warned that such actions could set a dangerous precedent where any leader could exploit emergency declarations to seize power arbitrarily. “This is what is truly alarming about the situation in Rivers State,” he concluded