NBA Condemns President Tinubu’s State Of Emergency Declaration In Rivers, Calls It Unconstitutional

The Nigerian Bar Association (NBA) has strongly criticized the recent declaration of a state of emergency in Rivers State by President Bola Tinubu, calling the move “unconstitutional” and a dangerous precedent for Nigeria’s democracy.

In a statement released on Tuesday, the NBA, through its President, Afam Osigwe, SAN, emphasized that the President lacks the constitutional authority to remove an elected governor, deputy governor, or state lawmakers under the guise of an 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,” the NBA asserted.

The association further stated that the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188, and similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws.

The NBA questioned whether these constitutional procedures were followed in the current situation.

The NBA pointed out that while Section 305 of the Constitution allows the President to declare a state of emergency, it also stipulates strict conditions and procedural safeguards to prevent any infringement on democratic governance and fundamental human rights.

“The political crisis in Rivers State does not meet the constitutional threshold of a complete breakdown of public order to justify a state of emergency,” the statement read.

It added that the declaration of emergency does not automatically dissolve or suspend elected state governments, and the President is not empowered to unilaterally remove elected officials, describing such actions as a “fundamental breach of Nigeria’s federal structure.”

Naijaonpoint reports that the NBA also highlighted that a declaration of a state of emergency must be ratified by the National Assembly within a specified timeframe, as outlined in Section 305(2) of the Constitution.

“A proclamation issued by the President under this section shall cease to have effect if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session, or if the National Assembly is not in session, within ten days after it reconvenes,” the statement quoted from the Constitution.

The NBA stressed that without National Assembly approval, the declaration of a state of emergency in Rivers State remains “constitutionally inchoate and ineffective.”

The NBA strongly warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy.

“The 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 statement declared.

The association called on the National Assembly to reject any unconstitutional attempt to ratify the removal of Rivers State officials, stressing that such a move could be misused to unseat elected governments in the future.

It urged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State.

In conclusion, the NBA reiterated its commitment to upholding the Constitution and protecting Nigeria’s democracy.

“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the statement concluded.