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The National Assembly recess and President Bola Tinubu’s 10-day working leave should not be used as justifications to prolong the six-month emergency rule in Rivers State, according to policy and political expert Living Jamala.
Jamala, who is also a lawyer, called the suspension of State House of Assembly members, Governor Siminalayi Fubara, and his deputy, Prof. Ngozi Odu, unlawful in an interview with The Guardian.
The process for lifting the emergency rule is still the President’s proclamation, Jamala said, not denying that the President was correct to declare a state of emergency in Rivers State. Despite being on a 10-day leave of absence, he has the authority to declare the restoration of democratic governance from anywhere.
According to him, the rule was imposed for a certain amount of time and will eventually come to an end.
“The emergency regime was proclaimed within a six-month timeframe. In the event that the President is unable to issue a proclamation ending the emergency, the emergency regime in Rivers State ends due to time constraints after the six-month period has passed.
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“Neither a law nor any provision for the National Assembly stipulates that the majority of the House must convene and authorize the proclamation to lift the emergency rule. Accordingly, the termination of the emergency rule cannot be determined by the President and the Assembly being on holiday,” he clarified.
Fubara’s No New Oath
When the emergency expires, Jamala rejected the idea that Governor Fubara would have to take a new oath of office.
“A new oath does not need to be taken by Fubara. It is analogous to a state governor announcing the lifting of a state curfew. Hence, the president ought to simply announce the restoration of democratic governance. “Taking a new oath will prevent Fubara from running for office again,” he said.
Vice Admiral Ibok-Ete Ibas (rtd), the sole administrator, should deliver his report to President Tinubu personally rather than Governor Fubara, the analyst added.
“Ibas is answerable to the President, not Governor Fubara,” Jamala emphasized.
Additionally, he emphasized the need to fill the vacancies caused by resignations while the State Assembly is still in place.
“For example, Edison Ehie resigned from both his position and the Assembly, so the Independent National Electoral Commission (INEC) needs to fill a new position,” he stated.
