Policy and political analyst, Living Jamala, has warned against using President Bola Tinubu’s 10-day working leave and the National Assembly recess as excuses to extend the six-month emergency rule in Rivers State.
In an interview with The Guardian, Jamala, who is also a lawyer, described the suspension of Governor Siminalayi Fubara, his deputy, Prof. Ngozi Odu, and members of the State House of Assembly as unconstitutional.
Jamala stated, “Not conceding that the President was right in declaring a state of emergency in Rivers State, the procedure for ending the emergency rule is still the proclamation by the President. Even though he is on a 10-day working leave, wherever he is, he can make the declaration to restore democratic government.”
According to him, the regime was declared for a specific period and therefore ends automatically by the force of time.
“The emergency regime was declared within a specific time of six months. Assuming the President is unable to make a declaration putting an end to such a proclamation, upon the expiration of the six months, the emergency regime in Rivers State elapses by the exigency of time.
“There is no provision for the National Assembly or any other law that says the National Assembly must sit and approve the declaration by the majority of the House to end the emergency rule. So, the absence of the President and the Assembly being on vacation cannot determine the end of the emergency regime,” he explained.
No Fresh Oath For Fubara
Jamala dismissed suggestions that Governor Fubara would need to take a fresh oath of office once the emergency lapses.
“Fubara doesn’t need to take a fresh oath. It is like a state governor declaring that a curfew has been lifted in a state. So, the President should just make a declaration that the democratic government has been restored. Taking a fresh oath will bar Fubara from contesting elections a second time,” he warned.
The analyst further explained that Sole Administrator, Vice Admiral Ibok-Ete Ibas (rtd), should submit his report directly to President Tinubu, not to Governor Fubara.
“Ibas is not responsible to Governor Fubara but to the President,” Jamala stressed.
He also pointed out that while the State Assembly remains intact, vacancies created by resignations must be adequately filled.
“For instance, Edison Ehie resigned his position and resigned from the Assembly, so a fresh position needs to be filled by the Independent National Electoral Commission (INEC),” he said.
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