The Nigerian Bar Association (NBA) has condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the purported suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly.
In a statement issued on Tuesday, NBA President Mazi Afam Osigwe, SAN, asserted that while Section 305 of the 1999 Constitution empowers the President to declare a state of emergency under specific conditions, it does not grant him the authority to remove or suspend democratically elected officials.
“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency,” the statement read. “Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”
The NBA further highlighted that the conditions stipulated in Section 305(3) of the Constitution for declaring a state of emergency, such as war, external aggression, natural disasters, or a total breakdown of law and order do not appear to have been met in Rivers State.
The association questioned whether the ongoing political crisis in the state warranted such an extreme measure.
The legal body described the action as unconstitutional and a violation of Nigeria’s democratic principles.
The NBA also pointed out that the President’s declaration remains ineffective unless ratified by the National Assembly within two days if in session, or ten days if out of session, as required by Section 305(2) of the Constitution.
“The National Assembly must reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials,” the NBA stated.
The NBA expressed deep concern that using emergency rule as a political tool could encourage future administrations to unlawfully remove elected officials.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the statement continued.
The association urged all stakeholders, including the judiciary, civil society, and the international community to closely monitor developments in Rivers State and ensure that constitutional governance prevails.
In its final remarks, the NBA called on all relevant authorities to adhere strictly to the rule of law, emphasizing that Nigeria’s democracy must be protected at all costs.
“The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria,” the statement concluded.
