The Nigerian Bar Association (NBA) has criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as “unconstitutional” and a dangerous precedent for Nigeria’s democracy.
In a statement released on Tuesday and signed by its President, Afam Osigwe, SAN, the NBA argued 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’s legislature under the guise of a state of emergency,” the NBA stated.
It further explained that the Constitution provides clear procedures for removing a governor and deputy governor under Section 188. Likewise, the dissolution of the House of Assembly is governed by constitutional and electoral laws, none of which appear to have been followed in the current situation.
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While acknowledging that Section 305 of the Constitution allows the President to declare a state of emergency, the NBA stressed that the provision includes strict conditions and procedural safeguards to prevent an abuse of power. The association questioned whether the political crisis in Rivers State meets the constitutional requirement of a complete breakdown of public order.
“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 highlighted that even if a state of emergency is declared, it must be ratified by the National Assembly within a specific timeframe. Citing Section 305(2) of the Constitution, the association noted that a proclamation ceases to be effective if not approved by the National Assembly within two days while in session or within ten days after reconvening.
“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 stressed.
The association urged the National Assembly to reject any unconstitutional attempt to remove the Rivers State Governor and other elected officials. It warned that suspending elected officials under emergency rule sets 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 therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the NBA asserted.
Calling on the judiciary, civil society, and the international community to closely monitor the situation, the NBA reaffirmed its commitment to upholding constitutional and democratic 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 be upheld as the supreme legal authority in all circumstances.”
