By Amos Joseph The Nigerian Bar Association (NBA) has strongly opposed President Bola Ahmed Tinubu’s declaration of a state of emergency in...
By Amos Joseph
The Nigerian Bar Association (NBA) has strongly opposed President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, stating that the suspension of Governor Siminalayi Fubara and other elected officials is unconstitutional and a violation of Nigeria’s democratic framework.
In a statement issued on Tuesday, NBA President Mazi Afam Osigwe, SAN, argued that while the President has the authority to declare a state of emergency under Section 305 of the 1999 Constitution, he does not have the power to remove a democratically elected governor, deputy governor, or members of a state legislature.
“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,” the NBA stated. It further warned that such an action “amounts to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”
The NBA also questioned whether the political crisis in Rivers State meets the constitutional threshold for emergency rule, citing Section 305(3), which outlines conditions such as war, invasion, natural disaster, or a complete breakdown of public order. “Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule,” the statement emphasized.
Furthermore, the association reminded the federal government that under Section 305(2), any emergency declaration must be ratified by the National Assembly within a specified timeframe to remain valid. “Unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective,” the NBA asserted.
The NBA called on the National Assembly to reject what it described as an “unconstitutional attempt” to remove Governor Fubara and other elected officials. It also warned that allowing such a precedent could threaten democracy by enabling future arbitrary removals of elected governments.
“The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria,” Osigwe stated. “Nigeria’s democracy must be protected at all costs.”
The association urged all stakeholders, including the judiciary, civil society, and the international community, to monitor the situation in Rivers State closely to prevent any further unconstitutional actions.
The federal government has yet to respond to the NBA’s position, as reactions to the state of emergency continue to unfold.
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