NBA Challenges National Assembly's Endorsement Of Rivers State Emergency

Lawyers Speak Out: NBA Questions National Assembly's Move on Rivers State

Alright, let’s talk about what’s been happening in Nigeria. The Nigerian Bar Association (NBA), a group that knows a thing or two about laws, has taken a bold stand against the National Assembly's decision to back President Bola Ahmed Tinubu's declaration of a state of emergency in Rivers State. It’s a big deal, folks, and it’s stirring up quite the conversation.

In a recent interview on Channels Television’s Sunday Today, Afam Osigwe, the president of the NBA and a Senior Advocate of Nigeria (SAN), made it crystal clear: the National Assembly’s decision was not just wrong but flat-out unconstitutional. He pointed out that lawmakers shouldn’t be deciding the fate of an entire state and its leaders through something as simple as a voice vote. It's like making a major life decision by flipping a coin—it just doesn’t cut it.

Renewed Calls for Reversal

Now, here’s the kicker: Osigwe isn’t alone in his stance. There’s been a growing chorus of voices urging a reversal of this decision. Among them are Senator Seriake Dickson, who represents Bayelsa West, and Senator Ireti Kingibe from the Federal Capital Territory. These senators and others are saying loud and clear that the decision needs to be overturned. But despite these objections, the National Assembly went ahead and backed the President’s proclamation during a voice vote. That’s right—a voice vote. Doesn’t exactly inspire confidence, does it?

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Let’s break it down a bit more. This resolution happened during separate plenary sessions in both chambers of the National Assembly. They were discussing some heavy stuff, like the suspension of Governor Siminalayi Fubara, his deputy, Professor Ngozi Odu, and members of the state Assembly. These are big names, and their suspension is a major development. But Osigwe had some serious concerns about how the process was handled.

Unconstitutional Process: The NBA's Argument

Osigwe didn’t hold back when it came to critiquing the process. He argued that the Constitution is quite specific about these kinds of decisions. It says that the National Assembly should ratify such a decision by a two-thirds majority. Not just any majority—a two-thirds majority. And to make sure that constitutional provision is followed, the Constitution requires that the number of people who attended the sittings, as well as the number of votes for, against, or abstaining, must be recorded. It’s all about transparency and accountability.

But here’s the problem: the National Assembly used a voice vote in both chambers. And as Osigwe pointed out, that’s not enough. He said, “A voice vote falls short of the constitutional threshold because you cannot accurately determine whether the constitutional requirement has been met.” In other words, it’s impossible to know for sure if the two-thirds majority was actually achieved. It’s like trying to count votes in a crowded room without actually counting them—it’s a recipe for confusion.

Conclusion: A Call for Constitutional Adherence

Osigwe wrapped up his argument by emphasizing that the use of a voice vote makes the entire action unconstitutional. He declared, “Even that ‘ratification’ by the National Assembly does not meet the constitutional requirement and is, in itself, unconstitutional.” It’s a strong statement, and it highlights the importance of following the rules laid out in the Constitution. At the end of the day, it’s all about ensuring that decisions are made fairly, transparently, and in line with the law. Because when it comes to the future of Rivers State and its leaders, we can’t afford to get it wrong.