NBA rejects Tinubu’s suspension of Rivers governor

The Nigerian Bar Association (NBA) has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly.

In a statement released on Tuesday by NBA President Mazi Afam Osigwe (SAN), the legal body described the move as a clear violation of the 1999 Constitution, emphasizing that the President lacks the power to unilaterally remove elected officials under the guise of emergency rule.

The NBA argued that while Section 305 of the Constitution grants the President the authority to declare a state of emergency, it does not permit the removal of a sitting governor, deputy governor, or lawmakers. Instead, the Constitution outlines specific procedures for removing elected officials, such as impeachment under Section 188.

“A declaration of emergency does not automatically dissolve or suspend elected state governments,” the statement read. “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 stressed that the crisis in Rivers State does not meet the constitutional threshold for a state of emergency, noting that political disagreements, legislative conflicts, or executive-legislative tensions are not sufficient grounds for such extreme measures.

The NBA warned that suspending elected officials under emergency rule sets a dangerous precedent that could be exploited to unseat governors in the future. It further stated that such actions undermine Nigeria’s democracy and the rule of law.

To emphasize the illegality of the move, the NBA referenced Section 305(2) of the Constitution, which states that a state of emergency declared by the President must be approved by the National Assembly within two days if in session, or within ten days if not.

“The approval of a state of emergency must be based on strict constitutional grounds, not political expediency,” the statement added, urging the National Assembly to reject any attempt to ratify what it called an unconstitutional takeover of the Rivers State government.

NBA’s Demands

The NBA outlined key demands in response to the situation, calling for:

The immediate reversal of the suspension of Governor Fubara, his deputy, and the state lawmakers.

The National Assembly to reject any unconstitutional attempt to remove elected officials.

Strict adherence to constitutional provisions in handling the Rivers political crisis.

Close monitoring by the judiciary, civil society, and the international community to prevent abuse of power.

“The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” Osigwe declared.

The legal community, political analysts, and civil rights groups are now closely watching how the National Assembly and judiciary respond to this controversial move, which could have far-reaching consequences for Nigeria’s democracy.