The Nigerian Bar Association, NBA, has strongly condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the purported removal of Governor Siminalayi Fubara, his deputy, and members of the state legislature.
In a statement on Tuesday, NBA President, Mazi Afam Osigwe, warned that the President’s actions amount to an unconstitutional overreach, violating Nigeria’s democratic principles and federal structure.
“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or state legislators under the guise of a state of emergency,” the NBA stated.
While acknowledging that Section 305 of the Constitution empowers the President to declare a state of emergency under specific conditions, the NBA emphasized that such powers do not extend to suspending or dissolving elected state governments.
The association stressed that the Constitution outlines clear procedures for removing a governor, Section 188, and state lawmakers, none of which have been followed.
It further questioned whether the political crisis in Rivers State meets the constitutional threshold for emergency rule, stating “Political disagreements and executive-legislative conflicts do not justify emergency rule. Such issues should be resolved through constitutional and legal mechanisms, not executive fiat.”
The NBA issued a series of demands, urging the National Assembly to reject any unconstitutional attempt to remove Governor Fubara and other elected officials.
It noted that the rule of law must be upheld, and emergency powers must not be abused for political reasons.
Furthermore, NBA also called on the judiciary, civil society, and the international community to remain vigilant to prevent executive overreach.
It warned that “Suspending elected officials under emergency rule sets a dangerous precedent that could be weaponized against democracy in the future.”
Reaffirming its commitment to upholding Nigeria’s democratic order, the NBA insisted that any state of emergency must strictly adhere to constitutional provisions.
“Nigeria’s democracy must be protected at all costs. The Constitution remains the supreme legal authority, and no political crisis justifies its violation,” it said.
