The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling the move “unconstitutional” and a dangerous precedent for Nigeria’s democracy.
In a statement issued on Tuesday and signed by its President, Afam Osigwe, SAN, the NBA argued that the President lacks the constitutional authority to remove an elected governor, deputy governor, or state lawmakers under a state of emergency.
“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state legislature under the guise of a state of emergency,” the NBA stated. “Instead, the Constitution outlines clear procedures for the removal of a governor and deputy governor under Section 188.”
It added that the removal of members of a state House of Assembly and the dissolution of parliament are governed by specific constitutional provisions and electoral laws, none of which appear to have been followed in the current situation.
While acknowledging that Section 305 of the Constitution grants the President the authority to declare a state of emergency, the NBA emphasized that this power is subject to strict conditions and procedural safeguards designed to protect democratic governance and fundamental human rights.
The NBA questioned whether the political situation in Rivers State rises to the level of a “complete breakdown of public order” that would justify a state of emergency. The association stated that such a declaration does not automatically dissolve or suspend elected state governments and that the Constitution does not empower the President to unilaterally remove or replace elected officials. Such actions, it argued, amount to an unconstitutional usurpation of power and a breach of Nigeria’s federal structure.
The NBA also pointed out that even if a state of emergency is declared, it must be ratified by the National Assembly within a specified period. “A proclamation issued by the President under this section shall cease to have effect—(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or (b) if the National Assembly is not in session, within ten days after it reconvenes,” the statement quoted from Section 305(2) of the Constitution.
The NBA stressed that without the National Assembly’s approval, the declaration of a state of emergency in Rivers State remains constitutionally invalid and ineffective.
The association called on the National Assembly to reject any unconstitutional effort to ratify the removal of the Rivers State Governor and other elected officials, warning that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the NBA asserted.
The NBA urged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State. It reaffirmed its commitment to upholding the Constitution and democratic governance, emphasizing that “the removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.”
The statement concluded with a call to protect Nigeria’s democracy at all costs, stressing that the Constitution must remain the supreme legal authority in all circumstances.
