The Nigerian Bar Association (NBA) has strongly opposed President Bola Tinubu’s declaration of a state of emergency in Rivers State, arguing that it lacks constitutional backing.
The legal body emphasized that the president does not have the authority to suspend an elected governor under the guise of emergency rule.
In a statement issued late Tuesday night, NBA President Mazi Afam Osigwe, SAN, described the move as a direct threat to Nigeria’s democracy.
The association maintained that Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly could not be removed through executive orders.
“The President lacked constitutional power to unilaterally remove elected officials under the guise of emergency rule,” the NBA stated.
It further insisted that democratic institutions should not be undermined by political decisions.
President Tinubu cited political instability and pipeline vandalism as reasons for imposing emergency rule in the state.
However, the NBA argued that these concerns did not justify suspending a democratically elected government.
The association referred to Section 305 of the 1999 Constitution, which outlines the procedure for declaring a state of emergency.
While the law grants the president certain emergency powers, it does not allow for the removal or suspension of elected officials.
Furthermore, the NBA pointed to Section 188 of the Constitution, which states that a governor or deputy governor can only be removed through impeachment.
“The only constitutional method for removing a governor or deputy governor is through impeachment,” the NBA stressed.
Additionally, the removal of lawmakers must follow electoral laws and constitutional provisions.
The NBA warned that equating emergency rule with the dissolution of an elected government was a dangerous overreach of executive power.
The legal body also highlighted that Tinubu’s emergency declaration is not yet legally effective.
Under the Constitution, such a declaration must receive approval from the National Assembly within two days if it is in session, or within 10 days if it is not.
“Until such approval is granted, the declaration remains legally ineffective,” the NBA asserted.
The association urged the National Assembly to reject any attempt to validate the suspension of Rivers State officials.
Meanwhile, the NBA warned that allowing emergency rule to be used as a means to remove elected officials could set a dangerous precedent.
It cautioned that such actions might encourage the arbitrary dissolution of state governments based on political interests.
Condemning the move as an “affront to democracy,” the NBA called on civil society groups, the judiciary, and international observers to closely monitor the situation.
It reaffirmed its commitment to upholding democratic values and ensuring political conflicts are resolved through legal and constitutional means.
“The federal government must resolve political conflicts through constitutional and legal mechanisms, not executive orders,” the association stated.
The NBA concluded by emphasizing that democracy must be protected, urging the government to prioritize the rule of law to ensure peace and stability in Rivers State.
