The Nigerian Bar Association (NBA) criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, deeming it “unconstitutional” and a threat to Nigerian democracy.
In a statement signed by NBA President Afam Osigwe, SAN, the association asserted that the president lacks the constitutional authority to remove elected governors, deputy governors, 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’s legislature under the guise of a state of emergency,” the NBA asserted.
“Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188.
“Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances,” it added.
Read Also: Atiku Reacts As Tinubu Declares State Of Emergency In Rivers
The NBA highlighted that while the President can declare a state of emergency under Section 305 of the Constitution, this power is subject to “strict conditions and procedural safeguards” to protect democratic governance and human rights.
The association argued that the political crisis in Rivers State does not warrant a state of emergency, questioning whether it constitutes a complete breakdown of public order as required by the Constitution.
“A declaration of emergency 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 statement read.
The NBA also emphasized that any declaration of a state of emergency must be confirmed by the National Assembly within a set period.
“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 quoted from Section 305(2) of the Constitution.
It stressed that “unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.”
The NBA urged the National Assembly to refuse to validate any unconstitutional move to remove the Rivers State Governor and other elected officials.
They warned that suspending elected officials under emergency rule creates a harmful precedent that weakens democracy and could be exploited to remove future elected governments.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the NBA stated.
The NBA called on all involved parties, including the courts, civil organizations, and international bodies, to pay close attention to the situation in Rivers State.
They reiterated their dedication to defending the Constitution and democratic principles.
“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 be upheld as the supreme legal authority in all circumstances.”
Join Informant Online WhatsApp Channel With Link Below: https://whatsapp.com/channel/0029VaihFajBadmT29ufud2
