The Nigerian Bar Association (NBA) has strongly condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the purported suspension of the state’s democratically elected governor, deputy governor, and members of the State House of Assembly as “unconstitutional, unlawful, and a dangerous affront to Nigeria’s democracy.”
This was contained in statement issued on Tuesday, by NBA President, Mazi Afam Osigwe, SAN, expressed grave concerns over the President’s actions, which were announced in a national address earlier in the day.
President Tinubu had cited “prevailing political tension” and the “vandalization of pipelines” as reasons for declaring a state of emergency in the oil-rich state.
However, the NBA argued that the President’s actions violated the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly Section 305, which outlines the conditions and procedures for declaring a state of emergency.
NBA President Reacts: “State of Emergency in Rivers: Suspension or Otherwise, Summary Removal of a Democratically Elected Governor and Other Elected Officials is Unconstitutional”.
In the statement, Osigwe stressed that while Section 305 grants the President the power to declare a state of emergency, it does not authorize the suspension or removal of elected officials. He noted that the Constitution provides clear procedures for the removal of a governor, deputy governor, or members of a state legislature, none of which were followed in this case.
“A declaration of emergency does not automatically dissolve or suspend elected state governments,” Osigwe stated. “The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”
The NBA also questioned whether the political crisis in Rivers State met the constitutional threshold for declaring a state of emergency. Section 305(3) specifies conditions such as war, external aggression, a breakdown of public order, or a natural disaster, none of which, according to the NBA, apply to the current situation in Rivers State.
“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule,” the statement read. “Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.”
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