By: Chioma Madonna Ndukwu
The Nigerian Bar Association (NBA) has sharply criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara, his deputy, and the state lawmakers.
In a statement released on March 18, 2025, NBA President Mazi Afam Osigwe stated, “The President does not have the constitutional authority to remove elected officials through emergency rule.”
Tinubu justified the emergency declaration by citing increasing political tensions and recent acts of pipeline vandalism.
However, the NBA strongly disagreed, arguing that these concerns do not justify the suspension of an elected government.
The NBA emphasized, “Section 305 of the 1999 Constitution permits emergency powers, but it does not authorize the removal or suspension of elected officials.”
The association also clarified that any attempt to remove a governor or deputy governor should follow the impeachment procedure outlined in Section 188 of the Constitution, stating, “Only impeachment can legally remove a governor.”
The NBA warned that a state of emergency does not automatically dissolve an elected government, describing the suspension as an overreach of executive authority.
Additionally, the NBA pointed out that Tinubu’s emergency declaration requires approval from the National Assembly within two days if in session or within ten days if not.
“Without this approval, the declaration remains legally invalid,” the statement said.
Condemning the suspension as a “serious threat to democracy,” the NBA warned that such actions could set a harmful precedent for politically motivated removals of state governments.
The NBA urged the National Assembly to reject the unconstitutional suspension and called on all relevant stakeholders, including the judiciary and civil society, to monitor the situation closely.
Concluding the statement, the NBA stressed, “Nigeria’s democracy must be safeguarded,” and reiterated the need to resolve political issues through constitutional and legal methods rather than executive action.
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