The Nigerian Bar Association (NBA) has criticised President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing the suspension of Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly as unconstitutional.
In a statement released on yesterday, the NBA emphasised hat while Section 305 of the 1999 Constitution empowers the President to declare a state of emergency, it does not grant him the authority to remove elected officials under the guise of emergency rule.
“The purported suspension or otherwise summary removal of a democratically elected governor and other elected officials is unconstitutional,” the statement read.
The NBA noted that Section 188 of the Constitution clearly outlines the procedure for the removal of a governor and deputy governor, which must involve the State House of Assembly—not the President.
Similarly, members of the legislature can only be removed through constitutional means, such as impeachment or electoral recall.
RECOMMENDED POSTS
“A declaration of emergency does not automatically dissolve or suspend elected state governments,” the NBA stated, arguing that Tinubu’s actions amount to an “unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”
The association further questioned whether the situation in Rivers State meets the constitutional threshold for emergency rule.
Section 305(3) of the Constitution lists specific conditions under which a state of emergency can be declared, including war, external aggression, natural disasters, or a complete breakdown of public order.
The NBA argued that political disagreements and legislative disputes do not justify such drastic action.
The NBA warned that allowing the President to unilaterally remove elected officials under emergency rule sets a dangerous precedent that could threaten Nigeria’s democracy.
“The situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials,” the association said, insisting that conflicts between political actors should be resolved through legal and constitutional mechanisms rather than executive overreach.
Citing Section 305(2) of the Constitution, the NBA reminded the government that Tinubu’s proclamation must receive approval from the National Assembly within two days if in session, or within ten days if not.
The legal body called for strict adherence to democratic principles and warned against actions that could undermine constitutional governance in Nigeria.
