The Nigerian Bar Association (NBA) has criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it unconstitutional and a threat to democracy.
In a statement on Tuesday, NBA President Afam Osigwe, SAN, asserted 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 empower the President to remove elected state officials under the guise of a state of emergency,” the NBA stated, citing Section 188, which outlines the legal process for removing a governor or deputy governor. It also stressed that the dissolution of the House of Assembly must follow constitutional and electoral laws, which were not adhered to in this case.
While acknowledging that Section 305 grants the President the power to declare an emergency, the NBA emphasized that it requires strict adherence to procedural safeguards to protect democratic governance and fundamental rights.
The association argued that the situation in Rivers does not meet the constitutional threshold for emergency rule, stating that “a declaration of emergency does not automatically dissolve or suspend elected governments.” It warned that unilaterally removing elected officials violates Nigeria’s federal structure and constitutes an unconstitutional power grab.
Additionally, the NBA highlighted that an emergency declaration must be ratified by the National Assembly within a specific timeframe. Quoting Section 305(2), it noted that without legislative approval, the proclamation is “constitutionally inchoate and ineffective.”
The association urged the National Assembly to reject any unconstitutional attempt to legitimize the removal of Governor Siminalayi Fubara and other elected officials, warning that such actions set a dangerous precedent for democracy.
Calling on the judiciary, civil society, and international bodies to monitor the situation, the NBA reaffirmed its commitment to upholding the Constitution.
“The removal
of elected officials under the pretext of emergency rule is unconstitutional
and unacceptable,” it concluded, stressing that Nigeria’s democracy must be
protected at all costs.
