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Restore Fubara as Rivers Gov Now, NBA Tells Tinubu, Says Sole Administrator Unconstitutional

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The Nigerian Bar Association (NBA) has reiterated its position that the removal of the Rivers State Governor, Siminalayi Fubara, by President Bola Tinubu is unconstitutional, urging the President to reverse the decision.

On Tuesday, the President declared a state of emergency in Rivers State, suspending the governor, his deputy and all the members of the House of Assembly over the political crisis rocking the oil-rich State.

The President appointed Ibok-Ete Ibas, a retired naval chief, as the State’s Sole Administrator.

Following up with its earlier statement condemning the action of the President regarding Rivers State, the NBA whose President, Afam Osigwe, was a guest on Sunday Politics, insists that Fubara must be brought back to his position as the governor of Rivers State as the constitution does not recognise a Sole Administrator.

“That is our belief, that is what we expect the president to do, to restore him (Fubara) back to power having unconstitutionally removed him,” Osigwe said on the programme when asked if the president should recall the governor.

“And that is why we do not recognise a sole administrator is the rightful person to occupy the government house in Rivers State having been appointed unconstitutionally.

“Even when I saw him taking oath of office, I was wondering which oath he was taking because he was taking an oath not known to the constitution, the constitution does not recognise an administrator.”

Political solution needed

Osigwe, a Senior Advocate of Nigeria (SAN) argued that the problem in Rivers State is being cured with a wrong solution, likening it to one using a sledgehammer on his head because of headache.

According to him, the measure being taken to address the Rivers problem “are overreaching, extensive, undemocratic and above all, unconstitutional.”

He maintained that the problem in Rivers State is political and only a political solution will bring it to an end.

No constitutional vacuum

There have been claims in some quarters that there was a gap in Section 305 of the 1999 Constitution which President Tinubu used in taking the action in Rivers State, but the NBA president has refuted that, insisting that the Constitution is explicit enough.

“I do not believe that it (Section 305) is not explicit, I simply believe that we deliberately refuse to apply it the way it is,” Osigwe said.

The National Assembly has approved the declaration of state of emergency in Rivers State, but Osigwe does that believe that the lawmakers approval legitimized the President’s action.

He said that the National Assembly’s approval is like placing something on nothing.

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Appeal Court Affirms Ruling Barring VIO from Impounding Vehicles, Fining Motorists

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The Court of Appeal in Abuja on Thursday upheld the judgment that stopped the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from seizing vehicles or imposing fines on motorists.

In a unanimous decision by a three-member panel, the appellate court found no basis to set aside the Federal High Court’s ruling of October 16, 2024, which restrained the VIO from harassing motorists.

The appeal filed by the VIO was dismissed for lacking merit. Justice Oyejoju Oyewumi delivered in the lead judgment.

The high court had earlier ruled, in a judgment by Justice Nkeonye Maha, that no law authorizes the VIO to stop motorists, impound vehicles, or impose penalties for alleged traffic offences.

The case arose from a fundamental rights suit (FHC/ABJ/CS/1695/2023) filed by lawyer Abubakar Marshal.

Marshal informed the court that VIO officials stopped him at Jabi in Abuja on December 12, 2023, and seized his vehicle without lawful reason. He asked the court to determine whether their actions violated his rights.

Justice Maha agreed and ordered the VIO and its agents not to impound vehicles or impose fines on motorists, describing the actions as unlawful. She held that only a court can impose fines or sanctions.

She ruled that the VIO’s conduct breached the applicant’s constitutional right to property under Section 42 of the 1999 Constitution and Article 14 of the African Charter. She further held that the VIO has no legal authority to seize vehicles or penalize motorists, as doing so infringes on rights to fair hearing, movement and presumption of innocence.

Although Marshal, represented by Femi Falana, SAN, requested ₦500 million in damages and a public apology, the court awarded ₦2.5 million.

The Directorate of Road Traffic Services, its Director, its Abuja Area Commander at the time (identified as Mr. Leo), team leader Solomon Onoja, and the FCT Minister were listed as respondents.

They appealed the decision, but the Court of Appeal dismissed the appeal.

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Tinubu Nominates Ibas, Dambazau, Enang, Ohakim As Ambassadors

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President Bola Tinubu has nominated Ibok-Ete Ekwe Ibas, the immediate past sole administrator of Rivers State and a former Chief of Naval Staff, as a non-career ambassador.

Tinubu also nominated Ita Enang, a former senator; Chioma Ohakim, former First Lady of Imo State; and Abdulrahman Dambazau, former Minister of Interior and ex-Chief of Army Staff, as non-career ambassadors.

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Senate Confirms Chris Musa As New Defence Minister

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The Nigerian Senate has confirmed General Christopher Musa, the former Chief of Defence Staff, as the country’s new Minister of Defence.

The announcement was contained in a statement by Bayo Onanuga, Special Adviser on Information and Strategy to President Bola Tinubu.

Musa, who retired from the military just 40 days ago, was nominated by President Tinubu on Tuesday to succeed former Defence Minister Mohammed Badaru Abubakar, who stepped down on health grounds.

According to Onanuga’s statement, the Senate approved Musa’s appointment on Wednesday through a voice vote, following a thorough screening session during which lawmakers posed numerous questions.

“Senate confirms Gen. Christopher Musa as Minister of Defence The Senate has confirmed the former Chief of Defence Staff, Gen. Christopher Musa, as the Minister of Defence. The Senate confirmed Musa on Wednesday via a voice vote after a rigorous screening session in which lawmakers asked him many questions,” the statement read in part.

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