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 suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly.
The NBA described the move as unconstitutional, warning that such an action undermines democratic governance and violates the Nigerian Constitution.
In a press statement released on Tuesday March 18, 2025, by its President, Mazi Afam Osigwe, the NBA expressed deep concern over the President’s decision, which he justified by citing political tensions and the alleged vandalization of pipelines in the state.
While acknowledging that Section 305 of the 1999 Constitution (as amended) grants the President the power to declare a state of emergency, the NBA argued that the suspension of elected officials under such a declaration is illegal.
According to the NBA, the 1999 Constitution provides clear guidelines for declaring a state of emergency and does not grant the President unilateral power to remove a governor, deputy governor, or state legislators.
The association pointed out that the only constitutional process for removing a governor or deputy governor is through impeachment, as outlined in Section 188 of the Constitution.
The legal body further argued that political disputes or executive-legislative tensions do not justify emergency rule. It emphasized that such conflicts should be resolved through constitutional and judicial processes rather than executive orders.
The NBA questioned whether the political unrest in Rivers State meets the legal standard for declaring a state of emergency. Section 305(3) of the Constitution specifies the circumstances under which emergency powers may be invoked.
The association further highlighted the procedural safeguards in Section 305(2), which require the National Assembly to approve a state of emergency within two days if in session, or within ten days if not in session.
They also called on the federal government and all stakeholders to respect the Constitution and democratic norms while reaffirming its commitment to defending the rule of law and Nigeria’s democracy, stating that emergency measures must always conform to constitutional limits.
” The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
” 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 guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.
” For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including: war or external aggression against Nigeria, imminent danger of invasion or war, a breakdown of public order and safety to such an extent that ordinary legal measures are insufficient, a clear danger to Nigeria’s existence, occurrence of any disaster or natural calamity affecting a state or a part of it, such other public danger that constitutes a threat to the Federation.
” The NBA questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration. Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
“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.
Furthermore, subsection (2) of Section 305 provides that:
“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.”
” In light of the foregoing, the Nigerian Bar Association:affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
, calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency, warns that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future, demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms and encourages all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.
” The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.
” We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”
