The Nigerian Bar Association (NBA) has strongly condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, warning that the purported suspension of Governor Siminalayi Fubara, his deputy, and the state’s House of Assembly members is unconstitutional and a direct assault on Nigeria’s democracy.
In a statement released on Tuesday, March 18, NBA President Mazi Afam Osigwe, SAN, emphasized that while Section 305 of the 1999 Constitution grants the President power to declare a state of emergency, it does not authorize the removal or suspension of elected officials.
“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” Osigwe stated.
The NBA stressed that a state of emergency does not dissolve elected governments, citing the clear provisions of Section 305(3), which outlines conditions under which such a declaration can be made—including war, invasion, natural disasters, or a total breakdown of public order. According to the legal body, political disputes or executive-legislative conflicts do not meet the constitutional threshold for such drastic action.
The association further pointed out that under Section 305(2), Tinubu’s proclamation must be ratified by the National Assembly within two days if in session, or within ten days if not, for it to remain valid.
A Dangerous Precedent for Nigerian Democracy
The NBA warned that the Rivers State scenario sets a dangerous precedent that could be exploited to unseat elected officials in other states. “Suspending elected officials under emergency rule undermines democracy and threatens the integrity of our electoral system. The President does not have the constitutional power to remove a governor under any circumstances outside those outlined in Section 188 of the Constitution,” the statement read.
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The legal body urged the National Assembly to reject any unconstitutional attempt to legitimize the removal of the Rivers State governor and other elected officials. It also called on the judiciary, civil society, and the international community to monitor the unfolding situation to prevent abuse of power.
Call to Action
Reaffirming its commitment to defending democratic governance, the NBA demanded that all actions in Rivers State strictly conform to constitutional provisions. “Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” Osigwe concluded.
With mounting opposition from legal experts, political stakeholders, and civil rights groups, President Tinubu’s decision faces increasing scrutiny, raising critical questions about the limits of executive power and the future of Nigeria’s federal democracy.