The Nigerian Bar Association (NBA) has kicked against President Bola Tinubu’s declaration of a state of emergency in Rivers State.
The lawyers’ body called the move “unconstitutional” and warned it sets a dangerous precedent for Nigeria’s democracy.
In a statement on Tuesday, NBA President Afam Osigwe, SAN, said the President has no power under the 1999 Constitution to remove an elected governor, deputy governor, or state lawmakers—even under emergency rule.
“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,” Osigwe said.
The association clarified that Section 188 of the Constitution clearly outlines the process for removing a governor or deputy governor, while the removal of lawmakers and dissolution of the House of Assembly are governed by constitutional provisions and electoral laws—none of which, according to the NBA, have been followed in the present situation.
While acknowledging that Section 305 of the Constitution empowers the President to declare a state of emergency, the NBA emphasized that strict conditions and procedural safeguards must be observed.
“A declaration of emergency does not automatically dissolve or suspend elected state governments,” the association stressed.
“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 further argued that the political crisis in Rivers State does not meet the constitutional threshold required for the declaration of a state of emergency, particularly the condition of a complete breakdown of public order.
According to the NBA, even if a proclamation of a state of emergency is made, it must be ratified by the National Assembly within a specified timeframe.
“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 association insisted that without National Assembly approval, the declaration of a state of emergency in Rivers State is “constitutionally inchoate and ineffective.”
Calling on the National Assembly to reject any unconstitutional attempt to ratify the removal of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly, the NBA warned that suspending elected officials under emergency rule sets a dangerous precedent that could be misused to unseat 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 stated.
The association urged the judiciary, civil society organizations, and the international community to closely monitor developments in Rivers State. It also reaffirmed its commitment to upholding Nigeria’s Constitution and the principles of democratic governance.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the statement concluded.
“Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”
