The Nigerian Bar Association has strongly opposed the declaration of a state of emergency in Rivers State by President Bola Tinubu, calling it unconstitutional and a threat to democracy.
In a statement signed by its President, Afam Osigwe, SAN, on Tuesday, the NBA insisted that the President has no legal authority to remove an elected governor, deputy governor, or state lawmakers under emergency rule.
“The 1999 Constitution does not give the President power to remove an elected governor, deputy governor, or state lawmakers under the guise of a state of emergency,” the NBA stated.
The association explained that the removal of a governor or deputy governor is clearly outlined in Section 188 of the Constitution, while the removal of lawmakers follows strict legal procedures.
“The Constitution provides clear procedures for removing a governor and deputy governor. It also defines how lawmakers can be removed, none of which have been followed in this case,” the statement added.
The NBA acknowledged that Section 305 of the Constitution allows the President to declare a state of emergency, but it emphasized that strict conditions and legal safeguards must be met.
“A declaration of emergency does not automatically dissolve or suspend elected state governments,” the statement read.
The association argued that the political situation in Rivers State does not justify emergency rule, questioning whether there has been a complete breakdown of public order as required by the Constitution.
“The President cannot unilaterally remove or replace elected officials—such actions are unconstitutional and a clear violation of Nigeria’s federal structure,” the NBA stated.
The NBA also reminded the government that even if a state of emergency is declared, it must be approved by the National Assembly within a specific period.
Quoting Section 305(2) of the Constitution, the NBA said: “A proclamation issued by the President under this section shall cease to have effect if it is not approved by the National Assembly within two days when in session, or within ten days after it reconvenes if it was not in session.”
The NBA stressed that without National Assembly approval, the emergency declaration in Rivers State is invalid.
The association called on the National Assembly to reject any unconstitutional attempt to remove elected officials in Rivers State.
“Suspending elected officials under emergency rule sets a dangerous precedent that could be misused to remove elected governments in the future,” the NBA warned.
It described the removal of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly as unconstitutional, illegal, and a serious threat to democracy.
The NBA urged the judiciary, civil society, and international community to closely monitor the situation in Rivers State.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the statement concluded.
The association reaffirmed its commitment to protecting Nigeria’s democracy, warning that the Constitution must always be respected.
