The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s recent decision to declare a state of emergency in Rivers State and suspend Governor Siminalayi Fubara, his deputy, and the state’s House of Assembly members.
In a statement released on March 18, 2025, NBA President Mazi Afam Osigwe, SAN, asserted that the President lacks the constitutional authority to unilaterally remove elected officials under the pretext of emergency rule.
NBA Rejects Suspension of Elected Officials
President Tinubu, during a national address, justified his actions by citing increasing political instability and pipeline vandalism in the state. However, the NBA argued that these issues do not meet the constitutional requirements for dissolving an elected government.
Referencing Section 305 of the 1999 Constitution, the NBA outlined that while the President holds emergency powers, they do not extend to the suspension or removal of elected officials. The only constitutional procedure for removing a governor or deputy governor, the NBA emphasized, is through impeachment as stipulated in Section 188 of the Constitution. Similarly, the removal of lawmakers must follow electoral laws and due legal process.
Tinubu’s Emergency Declaration Faces Legal Hurdles
The NBA further highlighted that Tinubu’s emergency declaration requires approval from the National Assembly within two days (if in session) or ten days (if not in session). Until such approval is obtained, the suspension of Rivers State’s government officials remains legally void.
Condemning the President’s decision as a “dangerous violation” of Nigeria’s democracy, the NBA warned that allowing the dissolution of an elected state government under emergency rule could establish a precedent for politically motivated takeovers in the future.
NBA Urges National Assembly to Uphold Democracy
The association called on the National Assembly to reject any attempt to ratify the unconstitutional suspension of Rivers State’s government. It also urged the judiciary, civil society organizations, and international observers to closely monitor the situation and ensure that democratic principles are upheld.
Reaffirming its commitment to safeguarding the rule of law, the NBA emphasized that Nigeria’s democracy must be protected at all costs. The association insisted that all political disputes be resolved strictly through constitutional and legal mechanisms rather than executive orders. Nigerian Constitution
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