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The Nigerian Bar Association has faulted the declaration of a state of emergency in Rivers State by President Bola Tinubu, describing the move as “unconstitutional” and a dangerous precedent for Nigeria’s democracy.
In a statement issued on Tuesday, and signed by its President, Afam Osigwe, SAN, the association insisted that the President has no constitutional power to remove an elected governor, deputy governor, or state lawmakers 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,” the NBA asserted.
“Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188.
“Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances,” it added.
The association emphasized that while Section 305 of the Constitution vests the President with the power to declare a state of emergency, it “stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.”
The NBA argued that the political crisis in Rivers State does not justify emergency rule, questioning whether it meets the constitutional threshold of a complete breakdown of public order.
“A declaration of emergency does not automatically dissolve or suspend elected state governments.
“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 statement read.
The NBA further pointed out that even if a state of emergency is declared, 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.
It stressed that “unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.”
The association called on the National Assembly to reject any unconstitutional attempt 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 stated.
Urging all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State, the NBA reaffirmed its commitment to upholding the Constitution and 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.”
