The Nigerian Bar Association (NBA) has opposed President Bola Tinubu’s declaration of a state of emergency in Rivers State.
The association condemned the suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly and democratic rule in the state.
The NBA, in a statement by its president, Mazi Afam Osigwe, SAN, late Tuesday night, emphasised that the President lacked constitutional power to unilaterally remove elected officials under the guise of emergency rule.
President Tinubu, in his national address, cited rising political tensions and recent acts of pipeline vandalism as justification for the emergency declaration.
However, the NBA argued that such actions, while concerning, did not meet the constitutional threshold for suspending an elected government.
The NBA pointed to Section 305 of the 1999 Constitution, which governs the procedure for declaring a state of emergency. While this section grants the President emergency powers, it does not allow for the removal or suspension of elected officials. The NBA stressed that the only constitutional method for removing a governor or deputy governor is through impeachment as outlined in Section 188.
Furthermore, the removal of lawmakers must adhere to electoral laws and constitutional provisions. The NBA insisted that a state of emergency does not equate to an automatic dissolution of an elected government, and any attempt to do so is an overreach of executive power.
The NBA also highlighted that Tinubu’s emergency declaration requires approval from the National Assembly within two days if in session, or 10 days if not. Until such approval is granted, the declaration remains legally ineffective.
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 called on all stakeholders, including the judiciary, civil society, and international observers, to monitor the situation closely. It reaffirmed its commitment to upholding Nigeria’s democracy and urged the federal government to resolve political conflicts through constitutional and legal mechanisms, not executive orders.
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