The Nigerian Bar Association (NBA) has strongly condemned the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly following President Bola Ahmed Tinubu’s declaration of a state of emergency in the state.
In a statement issued on Tuesday, the NBA described the suspension as unconstitutional and a dangerous threat to Nigeria’s democracy. The association maintained that the 1999 Constitution does not grant the President the power to remove elected officials under emergency rule.
“A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power,” the statement read.
The NBA cited Section 305 of the Constitution, which outlines the conditions for declaring a state of emergency, including war, natural disasters, or a complete breakdown of law and order. It questioned whether the political crisis in Rivers State met these criteria.
The association further stated that the removal of elected officials must follow constitutional procedures, emphasizing that political disagreements or executive-legislative conflicts do not justify emergency rule.
It also called on the National Assembly to reject any attempt to ratify the suspension of Governor Fubara and his administration, warning that such a move could set a dangerous precedent for Nigeria’s democracy.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the statement added.
The NBA urged all stakeholders, including the judiciary and civil society, to ensure that constitutional provisions are strictly followed in handling the crisis.
Mazi Afam Osigwe, SAN, President of the NBA, reaffirmed the association’s commitment to upholding the rule of law and protecting Nigeria’s democratic institutions.
