The Nigerian Bar Association (NBA) has voiced strong opposition to President Bola Tinubu’s recent declaration of a state of emergency in Rivers State, arguing that the move is unconstitutional and a violation of democratic principles. The NBA expressed concern over the suspension of the state governor, deputy governor, and members of the Rivers State House of Assembly, calling the decision a dangerous breach of the constitution.
The state of emergency was declared by President Tinubu on March 18, 2025, following rising political tensions in Rivers, as well as reported acts of vandalism affecting key infrastructure such as pipelines. While the federal government aimed to address the breakdown of order and public safety, the NBA questioned whether the situation had escalated to a point that warranted such a drastic intervention.
In a statement, the NBA stressed that the Nigerian Constitution does not grant the President the authority to remove elected officials or dissolve state legislatures under the guise of an emergency. The NBA’s concerns point directly to the provisions of Section 305 of the 1999 Constitution, which outlines the procedures for declaring a state of emergency and stresses the importance of adhering to constitutional safeguards to prevent undermining democratic governance.
The NBA’s statement points out that while Section 305 of the Constitution does grant the President the power to declare a state of emergency, it also sets clear limits and conditions for its application. These conditions include circumstances such as war, imminent external aggression, or significant natural disasters. The NBA argues that the political tensions in Rivers State, despite being serious, do not meet these constitutional thresholds, especially considering that the unrest has largely been limited to political disagreements and legislative conflicts.
In particular, the NBA emphasizes that the 1999 Constitution outlines specific procedures for the removal of state governors, deputy governors, and members of the House of Assembly. Section 188 of the Constitution provides the framework for the impeachment of governors and deputies, while the removal or dissolution of the state legislature is governed by separate provisions and electoral laws. According to the NBA, none of these procedures were followed in the decision to suspend the elected officials in Rivers.
The NBA stated that the declaration of a state of emergency does not automatically suspend elected state governments or dissolve state legislatures. The Constitution does not empower the President to unilaterally remove or replace state officials, and doing so amounts to an unconstitutional breach of Nigeria’s federal structure.
“The purported removal of Governor Fubara, his deputy, and the members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the NBA affirmed in its statement.
Another critical aspect highlighted by the NBA is the requirement for legislative approval for any state of emergency declaration. According to Section 305(2) of the Constitution, a state of emergency proclamation issued by the President requires ratification by the National Assembly. If the proclamation is not approved within a specified timeframe, it ceases to have effect.
The Constitution states that if the National Assembly is in session, it must approve the proclamation within two days. If the Assembly is not in session, the proclamation must be approved within ten days after it reconvenes. Therefore, the NBA contends that unless the National Assembly ratifies the state of emergency, the declaration will remain constitutionally invalid and ineffective.
The NBA further calls on the National Assembly to reject any attempt to ratify the removal of the governor and other elected officials, stressing that such action would set a dangerous precedent for the future. The NBA warned that suspending elected officials under emergency rule could be misused in the future to unseat governments through unconstitutional means, undermining the very essence of democratic governance.
While acknowledging the ongoing political tensions in Rivers State, the NBA argues that conflicts within the legislature or executive cannot justify the suspension of democratic processes. The NBA insists that such conflicts should be resolved through legal and constitutional mechanisms, including judicial intervention, rather than through executive actions that bypass the Constitution.
The association also raised concerns about the broader implications of the President’s decision on Nigeria’s democracy. By allowing the removal of elected officials without adhering to constitutional procedures, the NBA warns that the country’s democratic structures are at risk of being weakened. The NBA’s stance is a call to ensure that Nigeria’s democracy remains safeguarded and that all actions taken by the government align strictly with constitutional provisions.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the NBA stated. “We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”
The NBA’s statement also appeals to the judiciary, civil society organizations, and the international community to closely monitor developments in Rivers State. The association called for vigilance to ensure that the constitutional rights of Rivers State residents and elected officials are respected, and that the actions of the government remain within the bounds of the law.
As the situation unfolds, the NBA emphasized that the federal government must adhere to constitutional norms and avoid taking actions that undermine the democratic framework. The organization also called for a commitment to the rule of law, highlighting that any violation of the Constitution could have far-reaching consequences for the stability of the country.
In conclusion, the Nigerian Bar Association reiterated its commitment to defending the Constitution and upholding democratic values in Nigeria. The association called on the National Assembly to act in a manner that protects the principles of democracy, urging lawmakers to reject any unconstitutional attempt to validate the suspension of elected officials in Rivers State.
The NBA’s stance is clear: the decision to declare a state of emergency in Rivers State must be carefully scrutinized to ensure it aligns with constitutional requirements. Any move that undermines Nigeria’s democratic processes could set a dangerous precedent that threatens the rule of law and the autonomy of elected state governments.
The situation in Rivers State is a critical moment for Nigeria’s democracy, and all actions taken must be consistent with constitutional provisions and democratic principles. As the country watches closely, the NBA’s call for transparency, accountability, and constitutional adherence remains vital to ensuring that Nigeria’s democratic future is protected.
Mazi Afam Osigwe, SAN, President of the Nigerian Bar Association, signed the statement.
