From Victor Osula, Abuja
The Nigerian Bar Association has condemned the suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly, describing it as unconstitutional and a violation of Nigeria’s federal structure.
President Bola Tinubu on Tuesday evening, in a nationwide broadcast, declared a state of emergency in Rivers State, suspending the executive and legislative arms of government for an initial period of six months.
He subsequently appointed Vice Admiral Ibokette Ibas (Rtd.) as administrator to oversee the state during the emergency period.
In a statement signed by its national president, Afam Osigwe, SAN, the NBA asserted that the president lacks the constitutional authority to remove an elected governor under a state of emergency.
The statement read that the Nigerian Bar Association has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation on March 18, 2025.
The declaration, according to the president, is due to the prevailing political tension in the state and the vandalization of pipelines between yesterday and today. This development has far-reaching constitutional and democratic implications.
Citing Section 305 of the 1999 Constitution, which empowers the president to declare a state of emergency under specific conditions, the NBA emphasised that the provision does not authorize the removal or suspension of elected officials.
The statement further said that 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 dissolution of a state assembly is governed by constitutional provisions and electoral laws, none of which appear to have been followed in this case.
The NBA warned that suspending elected officials under emergency rule sets a dangerous precedent that could be exploited to undermine democracy in the future.
It called on the National Assembly to reject any attempt to ratify what it described as an unconstitutional overreach by the executive.
The statement added that 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 the nation’s democracy.
It further stated that 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, 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, and any other public danger that constitutes a threat to the federation.
The NBA questioned whether the political crisis in Rivers State had reached the threshold of a complete breakdown of law and order to justify emergency rule and the suspension of an elected government.
It added that political disagreements, legislative conflicts, or executive-legislative tensions do not justify emergency rule.
Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
The NBA also pointed out that the president’s declaration is subject to legislative approval and does not take immediate effect.
The statement noted that under Section 305(2) of the Constitution, a proclamation of emergency shall cease to have effect if not approved by a resolution of the National Assembly within two days when in session or ten days if the Assembly is not in session.
It stressed that unless the National Assembly duly approves the emergency rule, Tinubu’s proclamation remains legally ineffective.
The association demanded that the president respect constitutional limits on executive power and acknowledge that emergency rule does not grant him the right to remove or suspend elected officials.
It urged the National Assembly to reject any unconstitutional attempt to ratify the removal of Governor Fubara and other elected officials, ensuring that any state of emergency is grounded strictly in constitutional provisions.
It further called on all political actors to respect democratic institutions and resolve conflicts through legal processes rather than executive overreach.
The NBA urged the judiciary, civil society, and the international community to closely monitor the situation to prevent constitutional violations.
It also insisted that any action taken in Rivers State must conform to democratic norms and Nigeria’s federal structure.
The NBA reaffirmed its commitment to upholding constitutional democracy and the rule of law, warning that Nigeria’s democracy must not be sacrificed on the altar of political expediency.
