In response to President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, the Nigerian Bar Association (NBA) has condemned the purported suspension of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly.
The body labelled the move unconstitutional and a dangerous affront to Nigeria’s evolving democracy.
According to a statement released on March 18, 2025, NBA President Mazi Afam Osigwe, SAN, expressed grave concern over the President’s actions, asserting that the Nigerian Constitution does not grant the President the power to unilaterally remove elected officials under the guise of 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, rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188.”
Osigwe pointed out that the declaration fails to meet the constitutional threshold required to justify emergency rule, warning that the President’s actions represent a dangerous overreach.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore, unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” Osigwe said.
He further stressed that political tensions and legislative conflicts do not constitute grounds for emergency powers saying: “Political disagreements, legislative conflicts, or executive-legislative tensions do not justify emergency rule.
“Such conflicts should be resolved through legal and constitutional mechanisms, not executive fiat.”
Citing Section 305 of the Constitution, which governs the procedure for proclaiming a state of emergency, the NBA emphasized the need for strict adherence to constitutional guidelines.
“Section 305 of the Constitution vests the President with the power to declare a state of emergency. However, the Section stipulates strict conditions and procedural safeguards to ensure such extraordinary measures do not infringe on democratic governance and fundamental human rights,” Osigwe explained.
He emphasized that a declaration of emergency does not automatically dissolve or suspend elected state governments.
“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,” Osigwe clarified.
The NBA also highlighted that the President’s proclamation requires legislative approval, warning that any failure to secure National Assembly ratification would render the state of emergency invalid.
In his words: “Subsection (2) of Section 305 provides that a proclamation issued by the President shall cease to have effect if it is not approved by a resolution of the National Assembly within two days when the Assembly is in session, or within ten days after it reconvenes if not in session.”
He urged the National Assembly to uphold its constitutional duty, cautioning lawmakers against setting a dangerous precedent for successive governments.
“The approval of a state of emergency must be based on strict constitutional grounds, not political expediency. Suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.”
In light of the unfolding crisis, the NBA made several urgent demands and called for strict adherence to constitutional provisions.
“The NBA firmly asserts that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments,” Osigwe declared.
He further encouraged the judiciary, civil society, and the international community to closely monitor the situation in Rivers State while emphasizing the need to safeguard Nigeria’s democratic norms.
“Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances. We remain committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria,” the NBA President concluded.