A Senior Advocate of Nigeria (SAN), Femi Falana, has stated that Rivers State Governor, Nyesom Wike, is an embarrassment to the Body of Benchers.
He said the Rivers governor needed to be sanctioned by the Nigerian Bar Association (NBA).
Falana, in an interview, noted that the development in Rivers State was very disturbing, stressing that Wike should not be allowed to continue to violate the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The human rights lawyer also declared that the Executive Order relied upon by Wike, a former Minister of State for Education, is an administrative instrument with guidelines and not a law, insisting that the Constitution supersedes the Rivers governor’s order.
Falana maintained that any offender, regardless of the crime committed, should be charged before a court and tried, in line with the law.
He said: “It is unfortunate that these events are happening in Rivers State, where the governor is a Senior Lawyer and not just a lawyer, I am even informed that he is a member of the Body of Benchers. That is an embarrassment. A colossal embarrassment to the Nigerian Bar Association.
“Under our law, an emergency situation under the Quarantine Act does not permit the demolition of hotels or houses of alleged offenders. Whoever has breached the law will have to be tried and convicted by a court of law, before a sentence can be pronounced.
“There is no provision for even the President of the Federal Republic of Nigeria to take the law into his own hands and then begin to mete out punishments to citizens, without recourse to the constitution.
“We hope that the Rivers State Governor will be properly advised to reverse his decisions, publicly apologise and restore the property of the people that have been destroyed/demolished. Everyone will have to go through a judicial process. That is what the rule of law is all about.
“The guidelines and regulations in the Executive Order are subject to the Constitution. So, if there is a conflict in the guidelines, the directives of the Rivers Governor and the Constitution, his directives will bow to the Constitution.
“The rights to property, fair hearing and liberty are constitutional rights. No governor has the power to dismiss these rights, under the pretext of enforcing the COVID-19 regulations.
“I expect the victims of Wike’s illegal demolitions to take legal actions, because I have seen the Executive Order of the Rivers Governor, it has no provision for demolishing property. Only a court of law can do that and that is after being found guilty. What is done in civilised places is for the governor to obtain an order of interim forfeiture and then go through a trial.
“No constitution allows a governor to become the maker of a law, accuser, witness, enforcer of the law, the prosecutor and the judge at the same time. It is primitive,” Falana said.
