‘Unconstitutional’: NBA condemns Tinubu’s state of emergency declaration in Rivers

The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, condemning the unconstitutional removal of elected officials.

In a statement, NBA President Mazi Afam Osigwe emphasized that Tinubu’s actions violate Nigeria’s federal structure and democratic principles.

According to the NBA, while the President has the authority to declare a state of emergency, it does not grant him the power to remove an elected governor, deputy governor, or state lawmakers. The association noted that Nigeria’s Constitution provides clear procedures for removing public officials, none of which have been followed in this case.

The NBA also questioned whether the political crisis in Rivers State meets the constitutional requirements for an emergency declaration, stressing that the law outlines six specific conditions that must be met before such action is taken.

The association argued that while the state is experiencing political tension, it does not justify the suspension of democratic governance.

Furthermore, the NBA called on the National Assembly to reject any unconstitutional attempt to ratify the removal of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly.

It also reminded the federal government that a state of emergency requires legislative approval within a specific timeframe to remain valid. Without such approval, the declaration would have no constitutional effect.

Reaffirming its commitment to upholding the rule of law and defending democratic governance, the NBA urged all stakeholders to closely monitor the situation in Rivers State and resist any attempt to undermine constitutional order.