The Nigerian Bar Association (NBA) has criticised President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling the move “unconstitutional” and warning it could set a dangerous precedent for Nigeria’s democracy.
In a statement released on Tuesday, signed by its President, Afam Osigwe, SAN, the NBA asserted that the President does not have the constitutional power to remove an elected governor, deputy governor, or state lawmakers under the guise of 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 pretext of a state of emergency,” the NBA said.
The association pointed out that the Constitution provides clear procedures for the removal of a governor and deputy governor, as outlined in Section 188. It also noted that the removal of members of the House of Assembly and the dissolution of parliament are governed by constitutional provisions and electoral laws, none of which have been followed in the present case.
While Section 305 of the Constitution grants the President the power to declare a state of emergency, the NBA stressed that there are strict conditions and procedural safeguards in place to prevent such measures from infringing on democratic governance and fundamental human rights.
The association questioned whether the political crisis in Rivers State meets the constitutional threshold for a state of emergency, specifically whether it represents 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 NBA statement said.
The NBA also reminded 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.
The NBA emphasised that unless the National Assembly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally invalid.
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 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 concluded.
Urging all stakeholders, including the judiciary, civil society, and the international community, to monitor the situation in Rivers State closely, the NBA reiterated its commitment to upholding the Constitution and democratic governance, stating, “The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.”
The NBA added, “Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”
