The Nigerian Bar Association (NBA) has described the emergency rule declaration in Rivers as unconstitutional.
The President, Mazi Afam Osigwe, said in a statement that declaration of emergency rule remained an extraordinary measure that must be invoked strictly within constitutional limits.
“The NBA affirms its commitment to upholding the constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” he said.
He urged Tinubu to reverse the declaration in the interest of democracy and the wellbeing of Rivers people.
Later while responding to questions at a news conference organised by the association ahead of the NBA Section on Legal Practice’s (NBA-SLP) annual conference Osigwe blamed the political imbroglio on ego the principal actors in refusing to sit down to find a solution that works for the people of Rivers.
“Blaming the Supreme Court or any other body will not solve the problem. If the actors had placed Rivers above their own personal interests and cared about the security and welfare of the people, we would not be where we are.
“It became an ego fight and an issue of who wins. So, ego is at the base of the problem in Rivers and not the Supreme Court.
“People get judgments from the court and still decide to go for an amicable solution, so it is not the judgment of the Supreme court but the principal actors that are to be blamed,’’ Osigwe said.
He added that while the NBA was not in a legal argument with the president, the association was of the view that some of the actions taken may not be supported by the constitution.
“We are of the opinion that Section 305 of the 1999 Constitution cannot be read in isolation from Section 11 of the same constitution.
“There have been killings in many states in Nigeria and much more breakdown of law and order than we have seen in Rivers but no state of emergency was declared in those states.
“We are of the view that the problem in Rivers can be solved by the principal actors swallowing their egos and putting the welfare and security of the people of Rivers above their personal interests.
“This declaration may not solve the problem in Rivers and it worries me that an administrator can be appointed and worse still a retired military officer to administer the state.
“It is unconstitutional and should not be supported because we may be setting a dangerous precedent,’’ Osigwe said.