On the 18th of March 2025, Nigeria’s President Bola Ahmed Tinubu stunned the nation by declaring a state of emergency in Rivers State, citing the breakdown of law and order, heightened political instability, and growing threats to national security as reasons for the emergency action.
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The decision, which was announced via a presidential broadcast and formalized through a gazette, declared the suspension of the functions of the State’s Executive and Legislative arms, thus effectively disbanding the Siminalayi Fubara-led elected government in Rivers State and appointing Retired Vice Admiral Ibok-Ete Ibas as the Interim Administrator of Rivers State tasked with restoring order, overseeing security, and managing the day-to-day affairs of the state.
The President in his broadcast noted that the declaration was made pursuant to the powers vested in him by virtue of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which empowers him to declare a state of emergency if he is satisfied that the state is in a condition that threatens the sovereignty, security, or economic stability of Nigeria, most notably, the sabotage of oil pipelines and critical infrastructure in regions of the State which actions the President said where politically motivated.
NBA’s Reaction: A Firm Stand Against Executive Overreach
The NBA, under the leadership of Mazi Afam Osigwe, SAN, responded to the declaration of the President with a strongly worded statement condemning the move as an unconstitutional usurpation of democratic authority. The Association cited Sections 11 and 305 of the 1999 Constitution (as amended), stressing that while the President may declare a state of emergency under defined circumstances, there is no constitutional provision that empowers him to suspend elected state officials or dissolve state institutions unilaterally.
The Nigerian Bar Association viewed that the purported removal of a duly elected Governor and the legislature of a federating state was a brazen affront to the Nigerian Constitution, an action more befitting of military regimes than democratic governance. The NBA therefore called on the National Assembly to reject any endorsement of the emergency powers unless it complies strictly with constitutional guidelines, and urged the judiciary to intervene where necessary to uphold the rule of law.
National Assembly Ratifies State of Emergency in Rivers State
After the admonition of the Nigerian Bar Association, in a development that further ignited constitutional debate, the National Assembly ratified President Tinubu’s declaration of a state of emergency in Rivers State just days after the announcement. The joint approval came after an emergency sitting of both the Senate and the House of Representatives, as required by Section 305(6) of the 1999 Constitution (as amended).
However in the NBA’s analysis, whilst expressing disappointment at the legislative ratification, the NBA President Mazi Afam Osigwe, SAN, reiterated that the NBA’s position remains unchanged stating that:
“The National Assembly has a duty to interpret the Constitution faithfully, not merely rubber-stamp presidential actions. While the Constitution allows for emergency declarations, it does not authorize the removal of governors or legislatures under any guise.”
Wike Fires Back with Financial Allegations
The NBA’s position however drew criticism from Minister of the FCT and former Rivers Governor, Nyesom Wike, who accused the Association of hypocrisy as he alleged in a public statement that the NBA was only defending Rivers State because the state government had agreed to sponsor the 2025 Annual General Conference of the Association which had been scheduled to hold in the State. The Minister therefore alleged that the Association’s stance was politically motivated – These remarks sparked further outrage among lawyers across the Country, many of whom took to social media and public forums to defend the Association and demand a reconsideration of Port Harcourt as host city.
Days After Rivers State emergency Declaration
In the weeks following the declaration, Rivers State has remained heavily militarized, with roadblocks, curfews, and clampdowns on dissenting voices, including activists and journalists. On the 26th of March, 2025, the newly appointed Sole Administrator, Retired Vice Admiral Ibok-Ete Ibas, suspended political office holders in the state including the Secretary to the State Government, the Chief of Staff, all commissioners, chairpersons and members of boards, agencies, commissions, and parastatals, as well as all Special Advisers, Special Assistants, and Senior Special Assistants.
The decision sparked nationwide debate and drew the Nigerian Bar Association into the fray with its decision to relocate its Annual General Conference from the affected state.
Lawyers Speak: Poll Results Show Overwhelming Support for Relocation
In the heat of the controversy, in an independent poll conducted by TNL to determine whether the AGC should still be held in Port Harcourt, lawyers voted resoundingly for a change as follows:
- 72% (463 votes) supported Immediate Relocation of the conference from Port Harcourt.
- 22% (144 votes) were in favor of Remaining in Port Harcourt, despite the situation.
- 6% (36 votes) believed that the NBA should remain but ensure refunds or compensation for members who had already made travel or accommodation plans.
This democratic exercise reflected not only security concerns but also reputational issues surrounding neutrality, integrity, and the association’s alignment with constitutional values.
NBA NEC Decides: Enugu To Host AGC 2025
Following the poll, the consultations by NBA’s National Executive Council the NBA has taken the bold decision to relocate the 2025 Annual General Conference to Enugu State.
In a Statement by the NBA President:
“Currently, Rivers State is being governed by a retired military officer, appointed as a Sole Administrator, who operates with a command-style approach that disregards constitutional provisions, court decisions, and pending litigation. His actions have undermined democratic institutions and processes, flouting the rule of law with impunity. Though clad in civilian attire, he governs as though the state is under military rule.
The voices of our members, particularly those calling for a change of venue, grew stronger over time. We convened meetings with the Chairmen of NBA branches in Rivers State and held an emergency session of the National Executive Council (NEC) on the 27th of March, 2025. The overwhelming consensus was that the NBA could not, in good conscience, proceed with the AGC in a state governed unconstitutionally by a Sole Administrator.
The NEC reaffirmed that the state of emergency declared in Rivers State violates Section 305 of the 1999 Constitution. It further noted that the suspension of elected officials and democratic institutions contravenes Sections 11 and 188 of the Constitution. The purported ratification by the National Assembly, executed via voice vote rather than the constitutionally required two-thirds majority amounts to a grave constitutional subversion. Even if the proper procedure had been followed, it would not legitimize an unconstitutional proclamation.
Given these undemocratic developments, Port Harcourt can no longer be considered a justifiable venue for the 2025 AGC. To hold our flagship event in such circumstances would amount to a tacit endorsement of constitutional violations and subversion of the rule of law.”
Conclusion
The NBA’s bold move to relocate its 2025 AGC and its resistance to what it sees as unconstitutional actions by the federal government mark a historic moment in Nigeria’s legal and political landscape. With the Bar taking an increasingly vocal stance on governance issues, the weeks ahead are likely to test not only the resolve of legal institutions but also the resilience of Nigeria’s constitutional democracy.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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