The Nigerian Bar Association has strongly opposed President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing it as an unconstitutional overreach of executive power.
The NBA also rejected the suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly, insisting that the President lacks the legal authority to unilaterally remove elected officials.
In a statement issued on March 18, 2025, NBA President Mazi Afam Osigwe, SAN, cautioned that the move violates democratic principles and the Nigerian Constitution.
President Tinubu, in a nationwide address, cited rising political tensions and recent pipeline vandalism as justification for imposing emergency rule in Rivers State. However, the NBA countered that while these concerns are valid, they do not meet the constitutional threshold for suspending an elected government.
The association pointed to Section 305 of the 1999 Constitution, which outlines the procedure for declaring a state of emergency. While this section grants the President emergency powers, it does not confer the authority to remove or suspend elected officials. The NBA emphasized that the only constitutional method for removing a governor or deputy governor is through impeachment, as specified in Section 188 of the Constitution.
Additionally, the NBA stressed that lawmakers can only be removed in accordance with electoral laws and constitutional provisions. “A state of emergency does not equate to an automatic dissolution of an elected government,” the statement read, warning that any attempt to enforce such measures amounts to an abuse of executive authority.
The NBA further noted that Tinubu’s emergency declaration requires legislative approval within two days if the National Assembly is in session, or within ten days if it is 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 dangerous precedent, enabling future administrations to remove state governments based on political considerations.
The association urged the National Assembly to reject any attempt to ratify the unconstitutional suspension of Rivers State officials. It also called on stakeholders—including the judiciary, civil society, and international observers—to closely monitor the situation and ensure that democratic principles are upheld.
Reaffirming its commitment to defending Nigeria’s democracy, the NBA insisted that political conflicts must be resolved through constitutional and legal mechanisms, not through executive decrees.
“Nigeria’s democracy must be protected at all costs,” the NBA declared, warning that any unconstitutional interference in state governance threatens the nation’s democratic stability.
