STATE OF EMERGENCY IN RIVERS: NBA DECLARES REMOVAL OF GOVERNOR FUBARA UNCONSTITUTIONAL

The Nigerian Bar Association (NBA) has strongly condemned the declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly by President Bola Ahmed Tinubu. In a statement issued by NBA President Mazi Afam Osigwe, SAN, on March 18, 2025, the association described the move as an unconstitutional usurpation of power and a dangerous precedent that threatens Nigeria’s democracy.

The NBA argued that while the President has the authority to declare a state of emergency under Section 305 of the 1999 Constitution, he does not have the power to summarily remove elected officials. The association pointed out that the Constitution clearly outlines procedures for removing a governor, deputy governor, or members of the state legislature, none of which were followed in this instance. The legal body further asserted that political tension, legislative conflicts, or governance disputes do not justify emergency rule or the removal of an elected government.

Furthermore, the NBA emphasized that the declaration of a state of emergency does not automatically dissolve or suspend a state government, and any such action without the approval of the National Assembly is null and void. Citing constitutional provisions, the NBA stated that a state of emergency must be based on strict legal grounds, not political expediency. It called on the National Assembly to reject any attempt to ratify the unconstitutional removal of Governor Fubara and his administration.

The association also warned that allowing such an action to stand would set a dangerous precedent, enabling future governments to use emergency rule as a tool to unseat political opponents. The NBA urged all stakeholders, including the judiciary, civil society, and international organizations, to closely monitor the situation and ensure that Nigeria’s democracy is not eroded by executive overreach.

Reaffirming its commitment to defending democratic governance and the rule of law, the NBA insisted that any actions taken in Rivers State must strictly conform to the Constitution. It urged the federal government to respect constitutional limits and ensure that Nigeria’s democracy remains protected.