NBA Condemns Rivers Emergency Rule, Calls Fubara’s Removal Unconstitutional

The Nigerian Bar Association (NBA) has strongly condemned the declaration of a state of emergency in Rivers State by President Bola Tinubu, labeling it unconstitutional and a threat to Nigeria’s democracy.

In a statement released on Tuesday and signed by its President, Afam Osigwe, SAN, the NBA emphasized that the President lacks the constitutional authority to remove an elected governor, deputy governor, or state lawmakers under emergency rule.

“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 asserted.

The association stressed that Section 188 of the Constitution outlines clear procedures for removing a governor and deputy governor, while legislative dissolutions are governed by constitutional and electoral laws—none of which appear to have been followed in this case.

While acknowledging that Section 305 of the Constitution grants the President the power to declare a state of emergency, the NBA pointed out that strict conditions and procedural safeguards must be met to prevent abuse of power and infringement on democratic governance.

“A declaration of emergency does not automatically dissolve or suspend elected state governments,” the NBA stated, adding that such actions amount to an unconstitutional usurpation of power and a breach of Nigeria’s federal structure.

The association also noted that any emergency rule proclamation must be ratified by the National Assembly within a specific timeframe.

“Unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective,” the statement added.

The NBA urged the National Assembly to reject any attempt to ratify the removal of Governor Siminalayi Fubara, his deputy, and state lawmakers, warning that suspending elected officials under emergency rule sets a dangerous precedent that could threaten future democratic governments.

Calling on judicial bodies, civil society, and the international community to closely monitor the situation, the NBA reaffirmed its commitment to defending Nigeria’s democratic principles and the supremacy of the Constitution.

“Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the statement concluded.