*Warns Against Using Emergency Rule as Tool to Settle Political Scores in Rivers State
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The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has strongly criticized the recent approval by the National Assembly of President Bola Tinubu’s proclamation of a state of emergency in Rivers State.
In a detailed Arise TV, interview , Osigwe condemned the decision as unconstitutional and warned that it could set a dangerous precedent for democratic governance in Nigeria.
According to Osigwe, the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and the state House of Assembly was not only unconstitutional but also a blatant disregard for the rule of law. He argued that the notion that suspending a governor is different from removing them is a “disingenuous argument.”
“When you are suspended, your occupancy of that office for that moment is terminated,” Osigwe stated. “You cannot perform your duties—it is, in essence, a removal. It may be short-lived, but it remains a removal. For anyone to argue otherwise is to stand logic on its head.”
Osigwe pointed out that Section 305 of the Nigerian Constitution lays out the conditions under which a state of emergency can be declared, none of which he believes were met in the case of Rivers State. He also criticized the method by which the National Assembly approved the emergency proclamation, stating that a matter requiring a two-thirds majority vote should not have been decided by a mere voice vote.
“The Constitution requires specific conditions for the removal of a governor under Section 188, and a state of emergency is not one of them,” he emphasized. “The National Assembly cannot use Section 11(4) to justify an unconstitutional act.”
Beyond the legal implications, Osigwe suggested that the crisis in Rivers State is a result of political infighting rather than a genuine security threat that necessitates emergency rule. He described the situation as a battle of egos between political gladiators who have placed their personal interests above the welfare of the people of Rivers State.
“The problems in Rivers cannot be solved by a state of emergency,” he said. “They require a political solution that prioritizes the people’s welfare over individual ambitions. This is a case of two elephants fighting, and the grass—the people of Rivers State—suffering as a result.”
He further warned that the National Assembly’s unquestioning approval of presidential emergency proclamations has become a norm in Nigeria, which could lead to an abuse of executive power.
Osigwe revealed that the NBA is considering multiple options, including legal action, to challenge the emergency declaration. However, he emphasized that litigation alone may not resolve the crisis and that mediation should also be explored.
“We must seek a solution that restores peace to Rivers State without compromising constitutional governance,” he stated. “The imposition of emergency rule should not be used as a tool to sideline elected officials or to settle political scores.”
Osigwe urged President Tinubu to use his influence to broker a genuine reconciliation between the warring factions in Rivers State rather than imposing emergency rule, which could set a dangerous precedent for Nigerian democracy.
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