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AfBA Slams Tinubu’s State Of Emergency Declaration In Rivers [See Full Statement]

 

The African Bar Association (AfBA) has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State. The association also rejected the suspension of Governor Siminalayi Fubara, his deputy, and state lawmakers, calling the move unconstitutional.

AfBA, in a statement issued on March 19, 2025, from Nairobi, Kenya, warned that the president’s actions violate Nigeria’s 1999 Constitution. It noted that while Section 305 grants Tinubu the power to declare a state of emergency, it does not allow him to remove elected officials.

The legal body expressed concern over the appointment of an unelected administrator to govern Rivers State for six months. It argued that no provision in the constitution gives Tinubu such authority. The association also stressed that democratic institutions must remain intact even during emergency rule.

Quoting the Supreme Court ruling in *A.G. Federation v. A.G. Lagos State (2013)*, AfBA emphasized that democratic structures cannot be suspended or dissolved under any circumstances. The association also cited Section 11(4) of the constitution, which outlines how the National Assembly should act if a state legislature cannot function.

AfBA urged Tinubu to reconsider his decision and respect constitutional governance. It warned that undermining democracy in Rivers State could set a dangerous precedent for Nigeria and Africa.

The association also criticised African leaders for focusing on political power struggles rather than solving urgent socio-economic issues like poverty, healthcare, and unemployment. It cautioned against actions that could invite humanitarian crises or worsen instability in the region.

AfBA called on Tinubu to immediately reinstate the elected officials and adhere to constitutional procedures if their removal is necessary. It also urged Nigeria’s Attorney General to intervene and uphold the rule of law.

The association reaffirmed its commitment to democracy and good governance. It also insisted that President Tinubumust reverse his unconstitutional actions in Rivers State.

 

See full statement here: DECLARATION OF STATE OF EMERGENCY IN RIVERS STATE

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