The Nigerian Bar Association (NBA) has strongly condemned President Bola Tinubu’s decision to declared a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly.
According to a statement released by NBA, on March 18, 2025, by its president, Mazi Afam Osigwe, SAN, he emphasized that the President lacks constitutional power to unilaterally remove elected officials under the guise of emergency rule.
President Tinubu, in his national broadcast, cited a rising political tensions and recent acts of pipeline vandalism as justification for the declaration of a state of emergency.
However, the NBA argues that such actions is against the constitutional threshold while stressing that president do not have the constitutional power to suspend an elected government.
The NBA pointed to Section 305 of the 1999 Constitution, which governs the procedure for declaring a state of emergency. While this section grants the President emergency powers, it does not allow for the removal or suspension of elected officials. The NBA stressed that the only constitutional method for removing a governor or deputy governor is through impeachment as outlined in Section 188.
Furthermore, the removal of lawmakers must adhere to electoral laws and constitutional provisions. The NBA insisted that a state of emergency does not equate to an automatic dissolution of an elected government, and any attempt to do so is an overreach of executive power.
The NBA also highlighted that Tinubu’s emergency declaration requires approval from the National Assembly within two days if in session, or ten days if not. Until such approval is granted, the declaration remains legally ineffective.
Condemning the move as a “dangerous affront” to democracy, the NBA warned that allowing the suspension of elected officials under emergency rule could set a precedent for removing state governments based on political considerations. It urged the National Assembly to reject any attempt to ratify the unconstitutional suspension of Rivers State officials.
The NBA called on all stakeholders, including the judiciary, civil society, and international observers, to monitor the situation closely. It reaffirmed its commitment to upholding Nigeria’s democracy and urged the federal government to resolve political conflicts through constitutional and legal mechanisms, not executive orders.
The association concluded by insisting that Nigeria’s democracy must be protected at all costs, warning that any unconstitutional interference in state governance threatens the nation’s democratic stability
