NBA condemns Tinubu’s emergency rule in Rivers, labels governor’s removal illegal

The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, warning that it carries serious constitutional and democratic implications. In a statement signed by its president, Mazi Afam Osigwe, SAN, the NBA expressed concern over the President’s decision to suspend the Governor of Rivers State, his deputy, and members of the Rivers State House of Assembly for six months. The association described this action as unconstitutional and a direct violation of Nigeria’s democratic framework.

While acknowledging that Section 305 of the 1999 Constitution grants the President the power to declare a state of emergency, the NBA emphasized that strict conditions and procedural safeguards must be met. It argued that the Constitution does not grant the President the authority to remove elected officials under the pretext of emergency rule. Instead, Section 188 outlines the proper process for the impeachment of a governor or deputy governor, while electoral laws govern the removal of members of the House of Assembly.

The legal body insisted that a declaration of a state of emergency does not automatically dissolve or suspend an elected state government. It stated that any attempt to unilaterally remove or replace elected officials amounts to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure. The NBA warned that such a move undermines the principles of democracy and could set a dangerous precedent for future abuse of executive powers.

Furthermore, the NBA questioned whether the crisis in Rivers State met the constitutional threshold required for emergency rule. It cited Section 305(3) of the Constitution, which lists specific conditions for declaring a state of emergency, including war, imminent invasion, total breakdown of public order, natural disasters, or other significant threats to national security. The association argued that political disagreements and legislative conflicts do not qualify as justifications for emergency rule.

The association also pointed out that under Section 305(2), a state of emergency declared by the President must be ratified by the National Assembly within two days if it is in session, or within ten days after reconvening if it is not. Until such approval is granted, the NBA insisted, the declaration remains legally ineffective. It called on lawmakers to resist any unconstitutional attempts to legitimize the removal of Rivers State’s elected officials.

In addition to rejecting the President’s actions, the NBA urged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation. It emphasized the need to uphold constitutional order and prevent any further erosion of democratic governance in the country. The association maintained that Nigeria’s democracy is built on the principles of separation of powers and constitutional checks and balances, which must not be undermined.

The NBA reaffirmed its commitment to defending the rule of law and democratic governance, stressing that emergency powers must be exercised within the limits set by the Constitution. It described the removal of elected officials under the guise of emergency rule as unacceptable and warned against any actions that could weaken Nigeria’s federal structure. The legal body insisted that governance must remain guided by the law, not executive discretion.

Concluding its statement, the NBA called on all relevant authorities to act in accordance with the Constitution and in the best interest of the country. It stressed that Nigeria’s democracy must be protected at all costs and that any deviation from constitutional principles could threaten the nation’s stability. The association reaffirmed its stance that a state of emergency should never be used as a political tool to undermine elected governments.