The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, which led to the suspension of Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly.
In a statement issued on March 18, 2025, NBA President Mazi Afam Osigwe, SAN, asserted that the President does not have the constitutional authority to unilaterally remove elected officials under the pretext of emergency rule.
Tinubu, in a national address, had cited escalating political tensions and acts of pipeline vandalism as justification for the emergency measures.
However, the NBA argued that while these concerns are significant, they do not meet the constitutional requirements for dissolving an elected government.
The association referred to Section 305 of the 1999 Constitution, which outlines the process for declaring a state of emergency. Although this provision grants the President certain emergency powers, it does not authorize the removal or suspension of governors, deputies, or lawmakers.
The NBA emphasized that the only lawful way to remove a sitting governor is through impeachment, as specified in Section 188 of the Constitution. Similarly, any removal of lawmakers must follow due process under electoral and constitutional guidelines.
The NBA also pointed out that Tinubu’s declaration must receive approval from the National Assembly within two days if in session, or within ten days if not. Until this approval is secured, the declaration holds no legal standing.
Describing the move as a “dangerous attack” on democracy, the NBA warned that permitting the suspension of elected officials under emergency rule could set a troubling precedent for using executive power to undermine state governments.
The association urged the National Assembly to reject any attempt to validate the suspension of Rivers State officials, as it lacks constitutional backing.
The NBA further called on the judiciary, civil society, and international observers to closely monitor the situation, stressing the need for all political conflicts to be resolved through legal and constitutional means rather than executive directives.
Reaffirming its commitment to safeguarding Nigeria’s democracy, the association warned that unconstitutional interference in state governance threatens the country’s democratic foundations and must be resisted at all costs.