The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu over his declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara and other elected officials.
The NBA condemned the move as unconstitutional and a dangerous precedent that undermines Nigeria’s democracy.
In a statement issued on 18 March, and signed by its president, Mazi Osigwe, SAN, the NBA asserted that the President lacks the constitutional authority to unilaterally remove or suspend an elected governor and lawmakers under the guise of emergency rule.
Tinubu’s Action Sparks Constitutional Crisis
The NBA warned that Tinubu’s decision violates Section 305 of the 1999 Constitution, which governs the declaration of a state of emergency.
While the President can declare an emergency, the NBA emphasized that the Constitution does not grant him the power to dissolve a duly elected government.
The association insisted that only constitutional and legal mechanisms should be used to resolve political tensions.
“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,” Osigwe stated. “Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.”
Political Tensions Do Not Justify Emergency Rule
The association questioned whether the crisis in Rivers State meets the legal requirements for a state of emergency. Section 305(3) of the Constitution allows for emergency rule only in cases of war, external aggression, natural disasters, or a complete breakdown of law and order.
The NBA stressed that political conflicts and legislative disagreements do not justify such extreme measures.
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“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved trough legal and constitutional mechanisms, including the judiciary, rather than executive fiat,” the statement added.
However, the NBA has urged the National Assembly to reject any attempt to ratify the suspension of elected officials, stating that under Section 305(2), a state of emergency must receive legislative approval within two days if the National Assembly is in session, or ten days if it is not.
The NBA warned lawmakers against setting a precedent that could enable future abuses of power.
The crisis in Rivers State has drawn the attention of civil society groups and international observers, with concerns that Tinubu’s actions could damage Nigeria’s democratic reputation.
The NBA called on the judiciary, human rights organizations, and foreign allies to closely monitor the situation.
“We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.
As tensions rise, legal experts anticipate a court challenge to determine the constitutionality of Tinubu’s actions.
“The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria.
“A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.
