By Ghazali Ibrahim 
The Nigerian Bar Association (NBA) has condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly as unconstitutional and unlawful.
In a press release signed by the president of the association, Mazi Afam Osigwe, SAN, it describes the act of the president as undermining the principle of democracy and Nigeria’s federalism structure.
According to the NBA, the 1999 Constitution does not grant the President the power to remove elected officials under the guise of a state of emergency.
The Constitution provides clear procedures for removing a governor and deputy governor, as outlined in Section 188, and for dissolving the House of Assembly, which must follow constitutional provisions and electoral laws.
The NBA argues that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for declaring a state of emergency.
The conditions outlined in Section 305(3) of the Constitution, including war, external aggression, breakdown of public order, and danger to Nigeria’s existence, have not been met.
Furthermore, the NBA emphasizes that a state of emergency declared by the President requires legislative ratification within a defined timeframe to remain in effect. Unless the National Assembly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally ineffective.
However, the NBA has called on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials, and has warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy.
