Renowned legal practitioner and Senior Advocate of Nigeria, Dr. Monday O. Ubani, has publicly countered claims made by Dr. Tonye Clinton Jaja concerning the powers of the National Assembly during a state of emergency in Rivers State.
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In a strongly worded legal rebuttal titled “The Limits of Emergency Powers: A Rebuttal to Dr. Jaja’s Misinterpretation of Legislative Oversight”, Dr. Ubani clarified constitutional provisions and reaffirmed the National Assembly’s oversight authority—especially during emergency governance.
Dr. Ubani was responding to an earlier opinion piece by Dr. Jaja, which advised the Sole Administrator of Rivers State to ignore a summons issued by the House of Representatives Committee. Dr. Ubani described the position as a “legally controversial and fundamentally flawed interpretation of the Nigerian Constitution.”
“Emergency powers do not abrogate legislative oversight,” Dr. Ubani stated. “The National Assembly is not a spectator in emergency governance—it remains a co-actor with constitutional authority to oversee all public functionaries, including those appointed under emergency conditions.”
Citing Section 305(6)(c) of the 1999 Constitution, Dr. Ubani explained that a state of emergency must be approved by the National Assembly and therefore subject to its scrutiny. He further referred to Sections 88 and 89, which empower the legislature to investigate and summon any public official involved in the administration of public affairs.
He also referenced the landmark case El-Rufai v. House of Representatives (2003), which he said confirmed the broad powers of legislative oversight.
“Whether listed in the Appropriation Act or not, any person exercising public power must be held accountable,” he said.
Dr. Ubani rejected Dr. Jaja’s suggestion that a presidential proclamation holds more weight than National Assembly resolutions, emphasizing that “executive proclamations are subordinate to the Constitution.” Section 1(3) of the Constitution, he noted, makes it clear that the Constitution overrides any inconsistent law or act.
He also took exception to Dr. Jaja’s metaphor likening the Sole Administrator and the House of Representatives to mythical spirits, saying such analogies undermine the seriousness of democratic governance.
“Governance must be grounded on the rule of law, transparency, and institutional responsibility—not mythology,” Dr. Ubani said.
In conclusion, Dr. Ubani urged the Sole Administrator of Rivers State to respect the summons issued by the House of Representatives, warning that failure to do so would violate constitutional provisions and set a “dangerous precedent for unaccountable governance under the guise of emergency administration.”
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