NBA Rejects Unconstitutional Removal of Rivers Governor Under State of Emergency
The Nigerian Bar Association (NBA) has strongly condemned the purported suspension of the Governor of Rivers State, his deputy, and members of the state House of Assembly under the state of emergency declared by President Bola Ahmed Tinubu.
In a statement signed by NBA President, Mazi Afam Osigwe, SAN, the association asserted that the suspension—or any form of removal—of democratically elected officials under the guise of emergency rule is unconstitutional and a grave violation of Nigeria’s democratic principles.
President Tinubu, in his national address today, cited escalating political tension and pipeline vandalization as justification for the state of emergency in Rivers State. However, the NBA insists that while Section 305 of the 1999 Constitution grants the President the power to declare a state of emergency, it does not empower him to unilaterally remove elected officials.
“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 statement read.
The NBA emphasized that Section 188 of the Constitution outlines specific legal procedures for the removal of a governor or deputy governor, while the tenure and removal of state lawmakers are governed by electoral laws. It warned that overriding these constitutional provisions sets a dangerous precedent for democratic governance in Nigeria.
Does Rivers State Meet the Emergency Threshold?
The NBA further questioned whether the crisis in Rivers State meets the strict constitutional criteria for emergency rule, as outlined in Section 305(3) of the Constitution. These include war, external aggression, imminent invasion, a total breakdown of public order, or a natural disaster—none of which, the NBA argued, apply to the current political situation in Rivers State.
“Political disagreements, legislative conflicts, or executive-legislative tensions do not justify emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat,” the association stated.
Call for Legislative Oversight
The NBA also reminded the public that a presidential declaration of emergency rule does not take immediate effect without legislative approval. According to Section 305(2) of the Constitution, such a proclamation must be ratified by the National Assembly within two days (if in session) or ten days (if out of session).
The association urged the National Assembly to reject any unconstitutional attempt to remove Governor Siminalayi Fubara and other elected officials. It called on lawmakers to ensure that any decision on Rivers State is based strictly on constitutional grounds rather than political expediency.
NBA’s Position and Demand for Constitutional Compliance
In light of these developments, the NBA:
- Affirms that the President has no constitutional authority to remove an elected governor under a state of emergency.
- Urges the National Assembly to uphold democratic principles and reject any unconstitutional removal of elected officials.
- Warns that such actions set a dangerous precedent that could be misused to unseat elected governments in the future.
- Calls on the judiciary, civil society, and international bodies to closely monitor the situation to prevent the abuse of power.
The NBA reiterated its commitment to upholding the Constitution and ensuring that democratic governance prevails in Nigeria.
“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.
As the situation unfolds, stakeholders across the country will be watching closely to see how the government, legislature, and judiciary respond to this constitutional crisis.
