Afam Osigwe, SAN, President of the Nigerian Bar Association (NBA), has sharply criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara and other elected officials, labeling the move a “dangerous affront to democracy” and unconstitutional.
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In an nterview with Punch News, Osigwe argued that the declaration failed to meet the threshold outlined in Section 305(3) of Nigeria’s Constitution, which permits emergency powers only in cases of war, external aggression, imminent invasion, or catastrophic breakdown of public order. “No natural calamity or existential threat to Rivers State has been demonstrated,” he stated, noting that pipeline bombings—cited by Tinubu—have occurred elsewhere without triggering emergencies.
He emphasized that Section 11(4) explicitly bars the removal of governors during emergencies, calling the suspensions a “coup against the Constitution.” Osigwe questioned the haste, pointing out that the second pipeline explosion occurred mere hours before Tinubu’s announcement, leaving no time for verification.
The emergency declaration follows months of political turmoil in Rivers State, including a locked State Assembly gate that prevented Fubara from presenting a budget. Osigwe defended the governor, stating, “How can he protect lives when security agencies ignore him?” He contrasted Rivers’ situation with states like Benue, Zamfara, and Borno, where prolonged violence has not prompted federal intervention.
Osigwe drew parallels to past emergencies under Presidents Olusegun Obasanjo and Goodluck Jonathan, which faced legal and political backlash. He highlighted Tinubu’s own past criticism of Obasanjo’s removal of Plateau State Governor Joshua Dariye, calling the current action hypocritical. “Emergency powers are not a blank cheque to dismantle democracy,” he asserted.
The NBA president warned that the suspensions set a perilous precedent, enabling federal overreach and eroding state autonomy. “If governors can be ousted over political disputes, Nigeria’s federalism becomes a facade,” he said, stressing that such actions undermine constitutional rule and empower “big brother” federal dominance.
Osigwe revealed the NBA has urged the Attorney General to convene stakeholders for mediation and is exploring litigation if dialogue fails. However, he cautioned against rushed legal action, prioritizing conflict resolution first. “We must pull back from this precipice to avoid escalating tensions,” he noted, expressing skepticism that Tinubu’s measures would restore peace.
While dismissing calls for constitutional amendments, Osigwe emphasized enforcement of existing laws. “The problem isn’t the Constitution’s text but its disregard by those in power,” he said, advocating accountability and rule of law over legislative reforms.
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