The Nigerian Bar Association (NBA) has strongly opposed President Bola Ahmed 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 on March 18, 2025, NBA President Mazi Afam Osigwe, SAN, asserted that the President lacks the constitutional authority to unilaterally remove elected officials under the guise of emergency rule.
Tinubu had justified the declaration by citing rising political tensions and acts of pipeline vandalism. However, the NBA argued that such issues do not meet the constitutional requirements for suspending an elected government.
Referencing Section 305 of the 1999 Constitution, which governs emergency declarations, the NBA noted that while the President has emergency powers, they do not extend to the removal of elected officials. The association emphasized that the only legal means of removing a governor or deputy governor is through impeachment under Section 188. Similarly, lawmakers can only be removed through electoral and constitutional processes.
The NBA also pointed out that Tinubu’s declaration must receive National Assembly approval within two days if in session or ten days if not. Until then, the suspension of Rivers State officials remains legally ineffective.
Condemning the action as a “dangerous affront” to democracy, the NBA warned that allowing such suspensions under emergency rule could set a precedent for politically motivated takeovers of state governments. It urged the National Assembly to reject the move and called on the judiciary, civil society, and international observers to monitor the situation closely.
The association reaffirmed its commitment to defending democracy and urged the federal government to resolve political conflicts through legal and constitutional means rather than executive orders.
