The Nigerian Bar Association (NBA) has vehemently opposed 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 Rivers State House of Assembly.
In a statement issued on March 18, 2025, by its president, Mazi Afam Osigwe, SAN, the NBA asserted that the President lacks the constitutional authority to unilaterally remove elected officials under the pretext of emergency rule.
President Tinubu, in a national address, justified the emergency declaration by citing escalating political tensions and recent incidents of pipeline vandalism. However, the NBA countered that these issues, while serious, do not meet the constitutional criteria for suspending a democratically elected government.
The NBA referenced Section 305 of the 1999 Constitution, which outlines the procedure for declaring a state of emergency. While this provision grants the President emergency powers, it does not permit the removal or suspension of elected officials. The association emphasized that the only lawful means of removing a governor or deputy governor is through impeachment, as stipulated in Section 188 of the Constitution.
Similarly, the removal of lawmakers must comply with electoral laws and constitutional requirements. The NBA stressed that a state of emergency does not justify the dissolution of an elected government, and any such action constitutes an overreach of executive authority.
The NBA further noted that Tinubu’s emergency declaration requires approval from the National Assembly within two days if it is in session, or ten days if it is not. Until such approval is secured, the declaration remains legally invalid.
Describing the move as a “dangerous assault” on democracy, the NBA warned that allowing the suspension of elected officials under emergency rule could establish a precedent for politically motivated removals of state governments. The association urged the National Assembly to reject any attempt to ratify the unconstitutional suspension of Rivers State officials.
The NBA called on all stakeholders, including the judiciary, civil society, and international observers, to closely monitor the situation. It reaffirmed its commitment to safeguarding Nigeria’s democracy and urged the federal government to address political conflicts through constitutional and legal channels, rather than executive orders.
In conclusion, the NBA insisted that Nigeria’s democracy must be protected at all costs, cautioning that any unconstitutional interference in state governance poses a significant threat to the nation’s democratic stability.
