The Nigerian Bar Association (NBA) has strongly condemned President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara, his deputy, and state lawmakers under the recently declared state of emergency in the state.
In a statement released on March 18, 2025, the NBA described the action as unconstitutional, unlawful, and a dangerous precedent that undermines Nigeria’s democracy.
The NBA acknowledged that Section 305 of the 1999 Constitution grants the President the power to declare a state of emergency under strict conditions. However, it argued that the removal or suspension of elected officials is not among the President’s powers under the provision.
“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 statement read.
The NBA also pointed out that the removal of a governor is strictly governed by Section 188, which outlines clear impeachment procedures that must be followed, rather than executive orders.
Does Rivers Crisis Warrant Emergency Rule?
The NBA questioned whether the political tensions and security concerns in Rivers State met the constitutional threshold for emergency rule.
Section 305(3) specifies conditions for declaring a state of emergency, including:
• War or external aggression
• A total breakdown of law and order
• Natural disasters or threats to Nigeria’s existence
The NBA argued that legislative disputes, political disagreements, or executive-legislative tensions do not justify emergency rule, as they can be resolved through the judiciary or constitutional mechanisms.
NBA to National Assembly: Reject Tinubu’s Move
The NBA urged the National Assembly to reject any attempt to approve the removal of Governor Fubara and other elected officials, emphasizing that a state of emergency does not automatically dissolve a government.
Citing Section 305(2) of the Constitution, the NBA stressed that the declaration of emergency rule must be approved by the National Assembly within two days, otherwise, it becomes invalid.
A Dangerous Precedent for Nigeria’s Democracy
The NBA warned that allowing a President to suspend elected officials under emergency rule could be misused in the future to remove political opponents, threatening the country’s federal structure and democratic stability.
NBA’s Demands:
- Reinstatement of the Rivers State Governor, Deputy Governor, and Lawmakers in line with constitutional provisions.
- Strict adherence to constitutional processes in handling political crises.
- Close monitoring by the judiciary, civil society, and international bodies to prevent unconstitutional actions. The NBA, under its president Mazi Afam Osigwe, SAN, reaffirmed its commitment to defending democracy, upholding the rule of law, and ensuring that Nigeria’s Constitution remains supreme.It called on all relevant authorities to act in accordance with the law and protect Nigeria’s democratic institutions.