The NBA has condemned the emergency declaration in Rivers State, stressing the unconstitutionality of the President’s removal of elected officials
[dropcap]T[/dropcap]he Nigerian Bar Association (NBA) has expressed significant concerns over the declaration of a state of emergency in Rivers State, issued by President Bola Ahmed Tinubu on 18th March 2025.
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The President cited escalating political tensions and pipeline vandalism as reasons for the declaration.
However, the NBA has highlighted what it considers serious constitutional issues regarding the scope and implementation of the emergency measure, particularly the suspension of the state’s elected officials.
Legal Concerns Over the President’s Actions
While Section 305 of the 1999 Constitution of Nigeria (as amended) provides the President with the authority to declare a state of emergency, the NBA stresses that strict constitutional conditions must be met.
The NBA asserts that such declarations should not infringe on democratic processes or human rights, emphasising that the provisions of the Constitution regarding a state of emergency must be carefully followed to avoid undermining democratic institutions.
The President’s actions, particularly the suspension of the Governor of Rivers State, the Deputy Governor, and Members of the Rivers State House of Assembly, have raised alarm.
The NBA argues that the 1999 Constitution does not grant the President the power to remove or suspend elected officials during a state of emergency, which should only be invoked under specific conditions.
Constitutional Limitations on Emergency Powers
The NBA’s primary concern is the apparent overreach of presidential power. The Constitution clearly outlines the procedure for the removal of elected officials, including governors and legislators, under Section 188.
The NBA asserts that these procedures must be adhered to, and that the President does not possess the unilateral authority to remove or replace elected officials as part of an emergency proclamation.
Section 305(3) of the Constitution outlines the specific grounds under which a state of emergency may be declared, including threats of war, external aggression, a breakdown in public order, or other extraordinary circumstances.
The NBA questions whether the political tensions in Rivers State truly constitute such a crisis and warns that political disagreements should be resolved within the constitutional framework, not through executive decree.
The Unconstitutional Suspension of Elected Officials
The NBA strongly opposes the purported suspension of the Governor of Rivers State, the Deputy Governor, and members of the state legislature.
These actions, the NBA argues, constitute a clear violation of the constitutional separation of powers and Nigeria’s federal structure.
Political disagreements and tensions between the executive and legislature in Rivers State, while concerning, do not rise to the level of a constitutional crisis warranting emergency rule or the removal of elected officials.
The Constitution also mandates that any declaration of a state of emergency must be ratified by the National Assembly within a specified time frame.
Section 305(2) clearly states that a proclamation of a state of emergency does not automatically take effect until it is approved by the National Assembly.
The NBA stresses that without this approval, the emergency declaration in Rivers State remains constitutionally invalid.
Call to Action
The NBA has called on the National Assembly to reject any unconstitutional moves to ratify the removal of the elected officials in Rivers State.
The Association also warned against setting a dangerous precedent where state governments could be unseated under the guise of a state of emergency. The NBA further demands that all actions taken in Rivers State adhere strictly to constitutional provisions and democratic principles.
In addition, the NBA has encouraged all relevant stakeholders, including the judiciary, civil society, and the international community, to closely monitor the developments in Rivers State. It urged that any efforts to undermine the rule of law or the democratic process must be thwarted, and that Nigeria’s Constitution must remain the highest legal authority.
The Nigerian Bar Association remains committed to upholding the Constitution and ensuring that Nigeria’s democratic governance is protected.
The NBA asserts that the President’s actions regarding Rivers State are unconstitutional and calls for immediate adherence to the rule of law in addressing the current crisis.
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Mazi Afam Osigwe, SAN, President of the Nigerian Bar Association, concluded by reaffirming that the NBA will continue to advocate for the protection of democratic institutions and the rule of law in Nigeria.
