The Nigerian Bar Association (NBA) has issued a blistering rebuke of General Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, calling the purported suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the state House of Assembly unconstitutional and a direct assault on Nigeria’s democracy.
In a strongly worded statement, by Mazi Afam Osigwe, SAN the
President, Nigerian Bar Association, asserts that the 1999 Constitution does not grant the president authority to remove elected officials under the guise of emergency powers, branding Tinubu’s actions a breach of democratic governance and federal principles.
Citing Section 305 of the Constitution, which Tinubu referenced in his national address, the NBA acknowledges the president’s power to declare a state of emergency but emphasizes the strict conditions and safeguards required. The association argues that the political tensions and reported pipeline vandalism in Rivers State fall short of the constitutional threshold—such as war, imminent invasion, or a total breakdown of public order—needed to justify such drastic measures. “Political disagreements or legislative conflicts do not warrant emergency rule,” the NBA stated, urging resolution through legal channels rather than executive overreach.
The NBA highlights that Section 188 governs the removal of a governor or deputy governor via impeachment by the state assembly, while electoral laws protect legislators—processes Tinubu’s declaration sidesteps. “A state of emergency does not dissolve elected governments or empower the president to unilaterally replace officials,” the statement reads. The appointment of Vice Admiral Ibokette Ibas (Rtd.) as Sole Administrator further fuels concerns of an unlawful centralization of power.
Moreover, the NBA notes that under Section 305(2), Tinubu’s proclamation requires National Assembly approval within two days if in session, or ten days if not, to remain valid. Without this, the emergency declaration is “inchoate and ineffective,” the association warns, calling on lawmakers to reject any move to legitimize the removal of Rivers’ elected leaders.
The NBA’s demands are clear: adherence to constitutional limits, rejection of precedent-setting overreach, and vigilance from the judiciary, civil society, and global observers. “Suspending elected officials under emergency rule threatens democracy and could be weaponized against other states,” said NBA President Mazi Afam Osigwe, SAN. The association vows to defend the rule of law and Nigeria’s democratic fabric against what it sees as an alarming abuse of power.
Key NBA Positions:
- Tinubu lacks constitutional authority to remove elected officials via emergency powers.
- The Rivers crisis does not meet the legal threshold for such intervention.
- National Assembly must block ratification of this “unlawful” act.
- The move risks setting a dangerous precedent for democratic governance.
Conclusion: A Call to Safeguard Nigeria’s Constitution
The NBA’s stance frames Tinubu’s actions as a test of Nigeria’s commitment to democracy. By condemning the Rivers emergency as unconstitutional, the association rallies stakeholders to uphold the 1999 Constitution as the nation’s bedrock, warning that unchecked executive fiat could unravel decades of democratic progress.
