The Nigerian Bar Association, NBA, has criticised President Bola Tinubu for acting against the tenets of the Constitution in declaring a state of emergency in Rivers State.
The President does not have the powers to suspend Governor Similaye Fubara, his deputy, Mrs. Ngozi Odu and members of the Rivers State House of Assembly as elected entities.
In a statement signed by its President, Mazi Afam Osigwe, SAN, the NBA described the suspension as unconstitutional, warning that the President lacks the legal authority to remove elected officials under emergency rule.
The association referenced Section 305 of the 1999 Constitution, which outlines the process for declaring a state of emergency. While the section grants the President such powers, it sets strict conditions that must be met to ensure democratic governance and prevent human rights violations.
It was emphasized that the Constitution does not permit the removal of an elected governor, deputy governor, or state lawmakers under the guise of emergency rule. The only legal process for removing a governor or deputy governor is through impeachment as outlined in Section 188 of the Constitution. Similarly, the removal of legislators must follow established legal provisions.
The NBA argued that a state of emergency does not dissolve an elected government, and that the President has overstepped his constitutional boundaries by attempting to suspend Rivers State’s leaders. It described the move as a dangerous breach of Nigeria’s federal structure and democratic principles.
The statement questioned whether the situation in Rivers State had met the constitutional threshold for emergency rule. Section 305(3) provides that an emergency can only be declared in cases such as war, invasion, a complete breakdown of law and order, or a natural disaster.
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The NBA insisted that political disagreements, legislative conflicts, or tensions between the executive and legislature do not justify emergency rule. Instead, it urged that such disputes be settled through legal mechanisms, including the judiciary.
The association further pointed out that an emergency proclamation by the President does not take effect automatically. Subsection (2) of Section 305 requires approval by the National Assembly within two days when in session or within ten days after reconvening if not in session.
The NBA called on lawmakers to reject any attempt to ratify the removal of Governor Fubara and other elected officials, stating that approving such a move would set a dangerous precedent for democracy in Nigeria.
Reaffirming its commitment to upholding the rule of law, the NBA demanded that all actions taken in Rivers State align with constitutional provisions. It also urged civil society, the judiciary, and the international community to closely monitor developments to prevent further constitutional breaches.
The statement concluded by warning that Nigeria’s democracy must be protected at all costs and that emergency powers should never be used as a tool for unconstitutional governance.
Crediblenews.ng.com
