The Nigerian Bar Association (NBA) has strongly opposed President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the purported suspension of Governor Siminalayi Fubara, his deputy, and members of the state legislature. The NBA, in a statement issued on March 18, 2025, described the move as unconstitutional and a dangerous precedent for Nigeria’s democracy.
President Tinubu announced the emergency declaration in a national address, citing political tensions and reported acts of pipeline vandalism as justification for the extraordinary measure. However, the NBA contends that the removal or suspension of elected officials under the guise of emergency rule has no legal basis under the 1999 Constitution of Nigeria (as amended).
The NBA argues that while Section 305 of the Constitution grants the President authority to declare a state of emergency, it does not permit the suspension or removal of elected officials. The association highlighted that the Constitution clearly outlines procedures for the removal of a governor and other state officials, none of which have been followed in the present case.
According to the NBA, a state of emergency does not automatically dissolve a state government, nor does it empower the President to unilaterally replace elected leaders. Any such action, the NBA asserts, would amount to an unconstitutional overreach of executive power and a violation of Nigeria’s federal system.
The legal body further questioned whether the situation in Rivers State meets the constitutional requirements for a state of emergency. Section 305(3) lists specific conditions under which such a declaration may be made, including war, external aggression, natural disasters, or a complete breakdown of law and order. The NBA argues that political disagreements and legislative conflicts do not justify emergency rule, as such issues should be resolved through legal and democratic channels.
Additionally, the NBA emphasized that under Section 305(2), a proclamation of emergency rule requires approval by the National Assembly within two days if it is in session or ten days after reconvening. Until such approval is secured, the declaration remains legally ineffective.
In light of these concerns, the NBA has called on the National Assembly to reject any unconstitutional attempts to ratify the removal of Governor Fubara and other elected officials. It warned that allowing such a precedent could lead to the arbitrary removal of governors in the future, posing a significant threat to democratic governance in Nigeria.
The NBA urged all stakeholders, including the judiciary, civil society organizations, and the international community, to closely monitor developments in Rivers State and ensure that democratic principles are upheld.
“The rule of law must prevail,” the statement concluded, reaffirming the NBA’s commitment to defending Nigeria’s constitutional democracy against executive overreach.
As tensions continue in Rivers State, all eyes remain on the National Assembly’s next steps and the potential legal battles that may arise over the controversial declaration.