The Nigerian Bar Association NBA has described the State of Emergency declared on Rivers state by President Bola Tinubu as unconstitutional and undemocratic.
In a strongly worded statement signed by its President, Mazi Afam Osigwe, SAN, the NBA warned that the development has far-reaching constitutional and democratic implications
While acknowledging the powers of the President in Section 305 of the Constitution to declare a state of emergency, the apex professional body of lawyers in Nigeria said the 1999 Constitution as amended “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”.
It noted that the conditions precedent for such declarations, including the removal of members of the House of Assembly and
dissolution of parliament “appear not to have been adhered to in the present circumstances”.
The statement read, “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”.
The NBA insists that while the situation in Rivers State was politically tensed, the actions of the president failed to meet the constitutional threshold for the removal of elected officials.
The NBA believes the political situation in Rivers state does not constitute a breakdown of law and order which is one of the grounds envisaged in the constitution to invoke an emergency rule.
“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule.
Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat”
The NBA’s position is that “purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is unconstitutional, unlawful, and a dangerous affront to our nation’s democracy”.
The association wants the National Assembly to “reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials”, saying a state of emergency must be based on strict constitutional grounds, not political expediency.
In a more dramatic move, the Nigerian Bar Association is calling on the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.
Editor: Anoyoyo Ogiagboviogie
