By: Nelson Ekujumi
Following the decision of the Nigerian Bar Association (NBA) to relocate to another state, it’s Annual General Conference (AGC) previously scheduled for Rivers State because of it’s claimed aversion to conferring legitimacy to a state unconstitutionally governed by a sole administrator as a result of the imposition of a state of emergency and the suspension of democratic institutions for 6 months in line with constitutional provisions by the President and commander in Chief of the armed forces of the Federal Republic of Nigeria to avert a total breakdown of law and order, things have no longer been the same.
This decision of the NBA again divided Nigerians just as the declaration of a state of emergency by Mr President did, while some persons and groups are of the view that Mr President acted swiftly and responsibly in the interest of national security and economy to avert a total breakdown of law and order as a result of the intelligence at his disposal and in line with his constitutional powers, some others though while conceding that Mr. President indeed exercised his constitutional powers, however assumed the role not entrusted to them by the constitution, by questioning that the conditions which necessitated the declaration of a state of emergency were not ripe enough to warrant it.
They have even gone as far as claiming that Mr. President acted outside of his powers in suspending democratic institutions for 6 months in Rivers State in order to restore law, order and security. Again we need to emphasize that section 305 subsection 3(C) of the 1999 constitution empowered the President to employ EXTRAORDINARY MEASURES to restore law, order and security to any part or whole of Nigeria under threat.
For our information, the framers of the 1999 constitution as amended, having realized that the circumstances that could warrant a declaration of a state of emergency is not cast in stone and that the measures to be adopted by Mr President to restore law, order and security is dependent on the reality of the situation, gave him a blank cheque by empowering Mr. President to deploy EXTRAORDINARY MEASURES which can be interpreted to mean that he has the liberty to determine his cause of action to restore law and order and that is exactly what President Bola Tinubu has done in this regard in sync with that provision Nigeria’s constitution.
However, following the NBA decision to change the venue of it’s AGC from Rivers State on the grounds of “principles” of being custodians of the rule of law and the constitution which naturally is what the body of lawyers should represent, the administrator of Rivers State stunned Nigerians and people all over the world when he urged the NBA to as a matter of principle, return a whooping sum of N300 million naira largesse collected from the suspended Governor Sim Fubara for the hosting rights of the AGC by Rivers State.
In response to this call, the NBA stated that the money in question was a gift from the Rivers State government for the AGC and not predicated on hosting rights. But the indisputable truth that we can hold on to, is that the reason that necessitated the donation of N300 million to NBA for it’s AGC by the Rivers State government was because she was going to host it and nothing else.
While it is not in doubt that the NBA has not violated any of our laws in soliciting and receiving N300 million naira from the Rivers State government for the hosting of it’s AGC, the argument of a school of thought that the N300 million naira should not be returned back to the coffers to Rivers State government because it was obtained from a democratically elected government flies in the face of law, logic and rationality.
If the NBA claims to be a custodian of the rule of law and our constitution, by virtue of the ruling of the Supreme Court in the suit of Rivers State government vs the Rivers State house of assembly, that no democratic government existed in Rivers State as a result of suspended Governor Sim Fubara behaving like a despot in muscling the legislature which is the bastion of democracy and unilaterally spending public funds without legislative scrutiny and approval as prescribed by law, such an illegality amounts to gross misconduct and gross violations of our law, then the NBA ought to know indisputably that it obtained Rivers State peoples money from a democratic government that has acted illegitimately and unconstitutionally in violations of the constitution and therefore, the argument is defeated.
However, let it be placed on record that it is customary for individuals, groups and organizations to solicit government support and financial assistance in organizing programmes and events and it is the prerogative of governments to either acquiesce or decline such request, by this action, no crime has been committed from both ends of the divide.
Therefore, if the Rivers State peoples money has been donated illegally by Sim Fubara because she was to host the AGC of the NBA, common sense, logic, morality and rationality demands that if that same AGC is moved out of Rivers State to another state for any reason, then the most sensible and logical thing to do is to return the money and like Pontius Pilate in the Bible when he found Jesus blameless, the NBA should wash its hands clean of Rivers State money by returning it .
Anything outside of this no matter the braggado that is being exhibited by the leadership of the NBA and it’s supporters not to return the Rivers State peoples N300 million naira, will forever erode the credibility and integrity of the organization in the eyes of the Nigerian people and beyond.
NBA, please return Rivers State N300 million naira now!
God bless the Federal Republic of Nigeria.
Thank you.
Yours Sincerely,
E-signed,
Nelson Ekujumi
ekujuminel@yahoo.com
Good governance advocate and mediaprenueur
