The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it “unconstitutional” and a dangerous precedent for Nigeria’s democracy.
In a statement issued on Tuesday and signed by its President, Afam Osigwe, SAN, the NBA asserted that the President lacks the constitutional authority to remove an elected governor, deputy governor, or state lawmakers under emergency rule.
“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state legislature under the guise of a state of emergency,” the statement read.
It further emphasized that the removal of a governor or deputy governor must follow the procedures outlined in Section 188 of the Constitution. Similarly, the dissolution of a state legislature must adhere to constitutional and electoral laws, none of which appear to have been followed in this case.
While acknowledging that Section 305 of the Constitution empowers the President to declare a state of emergency, the NBA stressed that the provision includes strict conditions and procedural safeguards to prevent violations of democratic governance and fundamental rights.
The association questioned whether the political crisis in Rivers State meets the constitutional threshold for emergency rule, arguing that such a declaration does not automatically dissolve or suspend elected state governments.
“The Constitution does not empower the President to unilaterally remove or replace elected officials. Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” the NBA maintained.
Additionally, the statement highlighted that any emergency declaration must be ratified by the National Assembly within a stipulated timeframe.
Quoting Section 305(2) of the Constitution, the NBA noted:
“A proclamation issued by the President under this section shall cease to have effect—(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or (b) if the National Assembly is not in session, within ten days after it reconvenes.”
Unless this ratification occurs, the NBA argued, the emergency rule in Rivers State remains legally ineffective.
The association urged the National Assembly to reject any unconstitutional attempt to legitimize the removal of Governor Siminalayi Fubara and other elected officials, warning that such actions set a dangerous precedent that could be misused to unseat governments in the future.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is unconstitutional, unlawful, and a serious threat to Nigeria’s democracy,” the NBA declared.
Calling on the judiciary, civil society, and the international community to monitor the situation closely, the NBA reaffirmed its commitment to upholding constitutional governance.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the statement concluded.
“Nigeria’s democracy must be protected at all costs, and the Constitution must remain the supreme legal authority in all circumstances.”
