The Nigerian Bar Association has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as unconstitutional and a threat to Nigeria’s democracy.
In a statement signed by NBA President Afam Osigwe (SAN), the association argued that the President lacks the legal authority to remove elected officials under emergency rule.
“The 1999 Constitution does not empower the President to remove an elected governor, deputy governor, or state lawmakers under the guise of a state of emergency,” the NBA stated.
It referenced Section 188 of the Constitution, which outlines the process for removing a governor or deputy governor, emphasizing that such actions must follow constitutional procedures.
Similarly, the association noted that the removal of legislators must adhere to electoral laws and other legal provisions.
While acknowledging that Section 305 of the Constitution grants the President the power to declare a state of emergency, the NBA insisted that such declarations must meet strict conditions and follow due process.
“A declaration of emergency does not automatically dissolve or suspend an elected state government. The Constitution does not grant the President the unilateral authority to remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” the association asserted.
The NBA further questioned whether the political crisis in Rivers State met the constitutional threshold for emergency rule, arguing that such a decision should only be made in cases of a complete breakdown of public order.
Even if an emergency is declared, the association stressed that it must be ratified by the National Assembly within a specified timeframe.
“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,” the statement read, quoting Section 305(2) of the Constitution.
The NBA urged lawmakers to reject any unconstitutional attempt to legitimize the removal of Rivers State Governor Siminalayi Fubara and other elected officials, warning that such a move could set a dangerous precedent.
“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 NBA said.
Calling on the judiciary, civil society groups, and the international community to remain vigilant, the association reaffirmed its commitment to defending constitutional democracy.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the NBA concluded. “Nigeria’s democracy must be protected at all costs, and the Constitution must remain the supreme legal authority in all circumstances.”
