The Nigerian Bar Association (NBA) has come out forcefully against President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the move and the suspension of Governor Siminalayi Fubara, his deputy, and state lawmakers as a brazen violation of Nigeria’s Constitution. In a strongly worded statement, NBA President Mazi Afam Osigwe declared that the President’s actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure and democratic governance.
The NBA insists that, while Section 305 of the 1999 Constitution empowers the President to declare a state of emergency, it does not give him the authority to remove elected officials. The association emphasized that the Constitution provides clear and specific procedures for the removal of a governor, deputy governor, or members of a state legislature, none of which were followed in this instance. According to the NBA, the political crisis in Rivers, though tense, does not meet the constitutional threshold required for emergency rule, which is reserved for situations like war, external aggression, or a complete breakdown of public order.
The association further questioned the effectiveness of Tinubu’s declaration, pointing out that any state of emergency must be ratified by the National Assembly before it can take effect. Without this legislative approval, the NBA maintains that the declaration remains “constitutionally inchoate and ineffective.” The NBA has called on the National Assembly to reject any attempt to legitimize the removal of Rivers’ elected officials, warning that such actions set a dangerous precedent for executive overreach and threaten the rule of law in Nigeria. The legal body urged all stakeholders, including the judiciary and civil society, to remain vigilant and ensure that constitutional order is upheld in Rivers State.
Leave feedback about this