NBA Condemns Unconstitutional Removal Of Rivers Governor Under Emergency Rule 

The Nigerian Bar Association (NBA) has strongly opposed President Bola Tinubu’s declaration of a state of emergency in Rivers State, warning that the suspension of elected officials is unconstitutional.

President Tinubu, in his address on March 18, 2025, cited political tension and pipeline vandalism as reasons for the emergency rule. However, the NBA emphasized that the 1999 Constitution does not grant the President the power to suspend Governor Siminalayi Fubara, his deputy, or members of the Rivers State House of Assembly.

The NBA referenced Section 305 of the Constitution, which outlines conditions for a state of emergency but does not permit the removal of elected officials. It also highlighted Section 188, which prescribes due process for the impeachment of a governor or deputy governor. Similarly, the removal of state legislators follows constitutional and electoral provisions, which the NBA argues have been ignored in this case.

“A declaration of emergency does not dissolve elected governments,” NBA President Mazi Afam Osigwe, SAN, stated. “The Constitution does not empower the President to remove or replace elected officials unilaterally. Such actions violate Nigeria’s federal structure and democratic principles.”

The NBA further questioned whether the crisis in Rivers State meets the constitutional threshold for emergency rule. The association warned that political disputes and legislative conflicts should be resolved through legal and democratic processes, not through executive directives.

Additionally, the NBA reminded the public that Section 305(2) mandates legislative approval for emergency declarations within two days if the National Assembly is in session, or ten days if it is not. Without such approval, the emergency proclamation remains ineffective.

In response to these developments, the NBA has called on the National Assembly to reject any unconstitutional attempt to ratify the suspension of elected officials. It also urged stakeholders, including the judiciary and civil society, to ensure that democratic governance is upheld.

The NBA reaffirmed its commitment to defending the rule of law and maintaining Nigeria’s constitutional order. “Democracy must be protected at all costs,” Osigwe, SAN, concluded. “The Constitution remains the supreme authority, and any deviation must be resisted.”

Read also: STATE OF EMERGENCY IN RIVERS STATE