He said the Governor needs to be sanctioned by the Nigerian Bar Association, NBA.
Falana, SAN, in an interview with DAILY POST correspondent, said the development in Port Harcourt 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 rights Lawyer also said the Executive Order relied upon by Governor Wike is an administrative instrument with guidelines and not a Law, adding that the Constitution supersedes the Governor’s order.
Falana added that any offender regardless of the crime committed should be charged before a Court and tried in line with the Law.
“It is unfortunate that these events are happening in Port Harcourt where the Governor of the State is Senior Lawyer and not just a lawyer, I’m even informed that he’s 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 a house by an alleged offender. 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 to take the Law into his hands and then begin to mete out punishments to citizens without recourse to the constitution.
“We hope that the Governor will be properly advised to reverse his decisions, publicly apologise and restore the properties of those that have been destroyed. 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 Governor and the Constitution, his directives will bow to the Constitution.
“The right 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 his actions to take legal actions because I have seen the Executive Order of the Governor, there is no provision for demolishing properties. 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.
Culled from dailypost.