The Nigerian Bar Association (NBA) has taken a strong stance against the recent suspension of Rivers State Governor Siminalayi Fubara, his deputy, and other members of the State House of Assembly, deeming these actions unconstitutional. In a crucial statement shared by NBA President Mazi Afam Osigwe, SAN, on his official Twitter account, the association expressed deep concern over President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, coupled with the removal of elected leaders.
According to the NBA, the 1999 Constitution does not empower the President to remove an elected governor, deputy governor, or state legislators under the pretext of a state of emergency. “Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” the association asserted.
Highlighting the delicate balance of governance enshrined in the Constitution, the NBA clarified that while Section 305 permits the President to declare a state of emergency under certain conditions, it does not authorize the dismantling or suspension of an elected state government. The NBA pointed to Section 188, which describes the legal avenues for the removal of a governor, emphasizing that a declaration of emergency does not equate to the dissolution of elected officials. “Political disagreements, legislative conflicts, or executive-legislative tensions do not justify emergency rule,” the statement read.
The NBA has called upon the National Assembly to reject any moves aimed at legitimizing the removal of Rivers State’s elected officials, warning that such actions could set a hazardous precedent for democracy in Nigeria. “Suspending elected officials under an emergency declaration undermines democratic principles and could be exploited to unseat governments in the future,” the NBA cautioned.
In its statement, the NBA underscored the importance of adhering to constitutional provisions and democratic norms in Rivers State. The association urged civil society, the judiciary, and the international community to closely monitor the situation to safeguard against unconstitutional governance.
“We remain committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria,” the NBA concluded. This firm declaration from the NBA serves as a reminder of the vital importance of constitutional integrity and the protection of democratic institutions in the country.
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