*Says Lawyers Share Blame For Nigeria’s Governance Problems
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Nigerian Bar Association (NBA) President Afam Osigwe, Senior Advocate of Nigeria (SAN), raised serious concerns regarding the constitutionality of the National Assembly’s approval process for President Bola Tinubu’s declaration of a state of emergency in Rivers State.
Speaking on Sunday Politics, Osigwe criticized the National Assembly’s use of voice votes to ratify the declaration, arguing that it failed to meet constitutional requirements.
Osigwe pointed out that Section 305 of the Nigerian Constitution explicitly requires a two-thirds majority vote for the ratification of a state of emergency—approximately 240 votes in the House of Representatives and 73 votes in the Senate. “For the purpose of voting, you must take a personal physical vote, each person voting, and the results must be clearly announced, showing how many voted for, how many voted against, and how many abstained,” Osigwe explained. He stressed that the voice vote method, where the majority simply “shouts ‘Aye,'” does not guarantee that the constitutional threshold has been met.
Despite the National Assembly’s rules allowing voice votes for some matters, Osigwe emphasized that such a procedure is unconstitutional when it comes to constitutional issues like declaring a state of emergency. “On issues bordering on the constitution, you must tally the votes and show how many voted,” he asserted, highlighting the need for proper documentation to ensure the constitutional threshold is met.
Osigwe further contended that the entire process was flawed from the beginning. Even if the National Assembly had conducted a proper vote, the result would still be invalid if it failed to meet the constitutional requirements. “If what they ratified did not meet the constitutional threshold, they would have ratified nothing,” he stated.
The NBA President also questioned the legality of the appointment of a sole administrator to oversee Rivers State following the suspension of Governor Sim Fubara. Osigwe described the appointment as unconstitutional, as Nigerian law does not recognize the role of a sole administrator. He pointed out the lack of a legal basis for the swearing-in ceremony of the administrator, saying, “When I saw him taking an oath of office, I was wondering which oath he was taking because it was not known to the constitution.”
Osigwe called for Governor Fubara’s immediate reinstatement, asserting that he had been unconstitutionally removed. “That’s our belief and what we expect the president to do—to restore him back to power,” he said, stressing that the appointment of an administrator is not legally recognized under Nigerian law.
He also reaffirmed that the NBA does not recognize the sole administrator as the rightful occupant of the Rivers State Government House. He also highlighted procedural challenge in the case—the absence of an Attorney General in Rivers State, which makes it difficult to initiate legal action on behalf of the state.
“Because it is the Governor that occupies the government of Rivers State, and there’s no Attorney General in place, it may be tricky who can bring that action on behalf of Rivers State,” Osigwe explained. This procedural hurdle complicates efforts to bring the matter before the Supreme Court for a definitive ruling on the constitutionality of the state of emergency and Governor Fubara’s suspension.
Osigwe referenced the previous Dariye case, where a similar constitutional question was dismissed on technical grounds, underscoring the importance of overcoming procedural obstacles to ensure judicial clarity on such issues. He expressed confidence that legal experts would find creative solutions to bring the matter before the Supreme Court.
The NBA President also reflected on the role of lawyers in Nigeria’s governance challenges, acknowledging that legal professionals sometimes bear partial responsibility for controversial government decisions. “It would be burying my head in the sand like an ostrich to pretend that we are not [part of the problem],” Osigwe admitted. “Most times, even when some bad decisions are taken, lawyers are the ones who give the legal advice.”
As the NBA continues to advocate for the rule of law, Osigwe emphasized the association’s responsibility to speak out against constitutional violations. “We have a dog in the fight. We have a dog in seeing that society is governed in accordance with law, that due process of law is observed,” he said, echoing Dante Alighieri’s warning that “the hottest places in hell are reserved for those who in times of moral crisis choose to maintain their neutrality.”
Osigwe also expressed growing public disillusionment with the three branches of government and the legal profession, stating, “People are losing confidence in the executive… in the legislature… in the judiciary, and also by extension in the legal profession.” He concluded by affirming that the NBA’s interventions aim to be “part of the solution and not part of the problem” in addressing Nigeria’s governance challenges, particularly when constitutional provisions are at risk of being undermined by political interests.
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