NBA Rejects President Tinubu’s State of Emergency in Rivers, Deems It Unconstitutional

NBA Rejects President Tinubu’s State of Emergency in Rivers, Deems It Unconstitutional

The Nigerian Bar Association (NBA) has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it “unconstitutional” and warning that it sets a dangerous precedent for Nigeria’s democracy. In a statement issued by NBA President Afam Osigwe, SAN, the association argued that the President lacks the constitutional authority to remove elected officials such as governors, deputy governors, or state lawmakers under the guise of emergency rule……….READ MORE

The NBA highlighted that the 1999 Constitution does not grant the President such powers and pointed out that the Constitution provides clear procedures for removing a governor and deputy governor (under Section 188) as well as members of the state House of Assembly. The NBA also stressed that the political crisis in Rivers State does not meet the constitutional threshold for declaring a state of emergency, as set out in Section 305.

Furthermore, the NBA emphasized that any proclamation of a state of emergency must be ratified by the National Assembly within a specified timeframe to remain valid. Without this approval, the declaration is considered “constitutionally inchoate and ineffective.”

The association warned that suspending elected officials under emergency rule could have grave implications for Nigeria’s democracy, potentially opening the door for future unconstitutional removals of elected governments. It urged the National Assembly to reject any attempts to legitimize the removal of Rivers State officials and called on the judiciary, civil society, and the international community to monitor the situation closely.

The NBA’s strong stance reflects the ongoing concerns about the impact of such decisions on the stability and integrity of Nigeria’s democratic institutions.