*Asks National Assembly To ‘Reject Any Attempt’ To Ratify Fubara’s Suspension
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The Nigerian Bar Association (NBA) has strongly opposed the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, citing grave constitutional violations and a threat to Nigeria’s democracy.
In a statement issued on March 18, 2025, NBA President, Mazi Afam Osigwe, SAN, emphasized that while the Constitution grants the President the power to declare a state of emergency under Section 305, it does not authorize the removal or suspension of elected officials, including the Governor, Deputy Governor, and Members of the Rivers State House of Assembly.
The NBA expressed serious concern over the President’s purported suspension of Rivers State Governor Siminalayi Fubara, his deputy, and the state lawmakers for six months. The association stressed that the Constitution provides clear procedures for the removal of a governor and deputy governor under Section 188, and for the removal or dissolution of a state legislature under specific legal frameworks—not through an emergency declaration.
“A declaration of emergency does not automatically dissolve or suspend elected state governments,” the statement reads. “The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”
The NBA argued that while the political tension in Rivers State is undeniable, it does not meet the constitutional threshold for an emergency requiring the removal of elected leaders. The conditions outlined in Section 305(3) of the Constitution for an emergency declaration include:
- War or external aggression against Nigeria.
- Imminent danger of invasion or war.
- A breakdown of public order and safety beyond the control of regular legal measures.
- A clear threat to Nigeria’s existence.
- A natural disaster or calamity affecting the state.
- Other forms of public danger that threaten national security.
The NBA asserted that political disagreements, legislative conflicts, or tensions between the executive and the legislature do not justify emergency rule, emphasizing that such disputes should be addressed through legal and constitutional mechanisms rather than executive overreach.
Citing Section 305(2) of the Constitution, the NBA reminded the President that a state of emergency proclamation is not automatically valid unless ratified by the National Assembly within two days (if in session) or ten days (if not in session).
“The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective,” the statement read.
In light of the constitutional concerns, the NBA called for immediate corrective action, demanding that:
- The President rescind the unconstitutional suspension of the Rivers State Governor, Deputy Governor, and state lawmakers.
- The National Assembly reject any attempt to ratify the removal of the elected government through emergency rule.
- All actions in Rivers State strictly conform to the constitutional provisions and Nigeria’s democratic principles.
- Stakeholders, including the judiciary, civil society, and the international community, closely monitor the situation to prevent further constitutional violations.
The NBA warned that allowing the emergency rule to proceed in its current form would set a dangerous precedent, enabling future administrations to exploit emergency powers to unseat elected governments arbitrarily.
“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.”
STATE OF EMERGEENCY IN RIVERS STATEThe association urged all relevant authorities to act in accordance with the law and in the best interest of Nigeria’s democracy. “Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the statement concluded.
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