The Nigerian Bar Association (NBA) has voiced strong opposition to President Bola Tinubu’s decision to impose a state of emergency in Rivers State due to ongoing political turmoil.
- The NBA has criticized President Tinubu’s declaration of emergency rule, emphasizing that it can only remain valid if approved by the National Assembly within two days (or ten days if they are not in session).
- NBA President, Mazi Afam Osigwe (SAN), asserted that while the constitution grants the president authority to declare a state of emergency, it does not empower him to suspend an elected governor.
- The association has also rejected the suspension of Governor Siminalayi Fubara, his deputy, and the state’s lawmakers, citing constitutional violations.
The NBA has expressed its disapproval of President Tinubu’s emergency declaration in Rivers State, particularly the suspension of Governor Siminalayi Fubara and other elected officials. The legal body argues that such an action oversteps constitutional boundaries, as the president does not have the power to unilaterally remove elected leaders under the guise of an emergency.
President Tinubu’s move follows an extended political crisis between Governor Fubara and his predecessor, Nyesom Wike, who now serves as the Minister of the Federal Capital Territory (FCT). Their conflict has intensified in recent months, leading to concerns about governance stability in the state.
While President Tinubu referenced a Supreme Court ruling to justify his actions, the NBA maintains that the declaration is unconstitutional. According to Osigwe, Section 305 of the 1999 Constitution provides the legal framework for declaring a state of emergency but does not authorize the suspension or removal of elected officials.
The NBA further clarified that the only legal way to remove a sitting governor or deputy is through the impeachment process outlined in Section 188 of the constitution. Similarly, lawmakers can only be removed in accordance with electoral laws and constitutional provisions.
The association stressed that imposing emergency rule does not equate to dissolving a government. Any attempt to do so, the NBA warned, would constitute an abuse of executive power.
For further details, read the NBA’s full statement here.
