By JOY ADARA, Abuja-
The Nigerian Bar Association (NBA) has condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the suspension of Governor Siminalayi Fubara and other elected officials as unconstitutional.
The NBA President, Mazi Adam Osigwe, SAN, in a statement on Wednesday said the President’s actions are “a dangerous affront to democracy” and an overreach of executive power.
Osigwe emphasized that Section 305 of the 1999 Constitution grants the President the authority to declare a state of emergency, but it does not provide the power to unilaterally remove elected officials.
According to him, the Constitution provides clear procedures for the removal of a governor and deputy governor, as well as for the dissolution of parliament, none of which appear to have been followed in the present circumstances.
The NBA President questioned whether the political crisis in Rivers State meets the constitutional threshold for a state of emergency, citing Section 305(3) of the Constitution, which outlines specific conditions, including war, external aggression, imminent invasion, breakdown of public order, and natural disasters.
He firmly asserted that the situation in Rivers State, though politically tense, does not meet these conditions.
The NBA President called on the National Assembly to reject any attempt to ratify the removal of the Rivers State Governor and other elected officials, urging lawmakers to uphold democratic principles.
He also warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
