The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, condemning the suspension of Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly.
READ ALSO: Tinubu declares state of emergency in Rivers, suspends Gov Fubara
In a statement released on March 18, NBA President Mazi Afam Osigwe argued that President Tinubu lacks the constitutional authority to remove elected officials under emergency rule. He pointed out that Section 305 of the 1999 Constitution grants the President emergency powers but does not authorize the dissolution of an elected government.
President Tinubu justified the declaration by citing political tensions and pipeline vandalism. However, the NBA countered that these issues, while serious, do not meet the constitutional threshold for suspending a state government. The association stressed that a governor or deputy governor can only be removed through impeachment as outlined in Section 188 of the Constitution, while lawmakers must be removed in accordance with electoral laws.
The NBA further stated that the emergency declaration requires legislative approval within two days if the National Assembly is in session or ten days if not. Until then, the suspension of Rivers State officials remains legally ineffective. The association described the move as a dangerous attack on democracy and warned against setting a precedent where political conflicts are used to justify dissolving elected governments.
Calling on the National Assembly to reject the suspension, the NBA urged the judiciary, civil society, and international observers to closely monitor the situation. It reaffirmed its commitment to upholding democratic principles and insisted that political disputes should be resolved through constitutional means rather than executive directives.
Tinubu declared the state of emergency in a nationwide broadcast on March 18, citing the prolonged political crisis in Rivers, a Supreme Court ruling on the collapse of the state’s legislature, and rising security concerns. He noted that the Assembly complex was demolished in December 2023 without being rebuilt and accused militants loyal to the governor of vandalizing oil pipelines. Retired Vice Admiral Ibokette Ibas was appointed as administrator to oversee governance during the emergency period, pending National Assembly approval.
