
The Nigerian Bar Association (NBA) has strongly condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara, his deputy, and state lawmakers.
In a March 18, 2025, statement, NBA President Mazi Afam Osigwe, SAN, asserted that the President lacks the constitutional authority to unilaterally remove elected officials under the pretext of emergency rule.
Tinubu, in a national address, justified his actions by citing escalating political tensions and recent pipeline vandalism. However, the NBA countered that such concerns do not meet the constitutional requirements for suspending an elected government.
Referencing Section 305 of the 1999 Constitution, the NBA noted that while the President can declare an emergency, it does not grant him the power to remove elected leaders. The association emphasized that impeachment under Section 188 is the only lawful process for removing a governor or deputy, while lawmakers’ removal must follow electoral laws and constitutional guidelines.
The NBA further stressed that an emergency declaration does not dissolve an elected government and warned against executive overreach. Additionally, it pointed out that Tinubu’s proclamation requires National Assembly approval within two days if in session, or ten days if not, making it legally ineffective until ratified.
Condemning the move as a “dangerous affront” to democracy, the NBA warned that allowing the suspension of elected officials under emergency rule could set a precedent for removing state governments based on political considerations. It urged the National Assembly to reject any attempt to ratify the unconstitutional suspension of Rivers State officials.
The NBA urged all stakeholders, including the judiciary, civil society, and international observers, to closely monitor the situation. It reaffirmed its dedication to safeguarding Nigeria’s democracy and called on the federal government to address political disputes through constitutional and legal means rather than executive directives.
The association emphasized the need to protect Nigeria’s democratic system, warning that any unconstitutional interference in state governance poses a serious threat to the country’s stability.