Nigerian Bar Association Condemns Unconstitutional State of Emergency in Rivers State

The Nigerian Bar Association (NBA) has issued a press release condemning President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, announced in a national address yesterday.

The NBA, led by President Mazi Afam Osigwe, SAN, described the purported suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly as unconstitutional, unlawful, and a direct assault on Nigeria’s democratic principles.

The association argued that the move, justified by the President citing political tensions and alleged pipeline vandalism between March 17 and 18, 2025, lacks legal grounding under the 1999 Constitution.

The NBA emphasized that Section 305 of the 1999 Constitution, which the President referenced, outlines strict conditions and procedural safeguards for declaring a state of emergency. These include war, imminent invasion, a breakdown of public order beyond ordinary legal remedies, existential threats to Nigeria, natural disasters, or other grave public dangers.

The association questioned whether the political crisis in Rivers State, marked by tensions and legislative disputes meets these thresholds. “Political disagreements or executive-legislative conflicts do not justify emergency rule,” the NBA stated, insisting that such issues should be resolved through legal and judicial channels, not executive overreach.

The NBA clarified that the Constitution does not grant the President authority to remove elected officials under a state of emergency. Section 188 provides specific procedures for removing a governor or deputy, while the dissolution of a state legislature is governed by electoral laws none of which were followed. “A declaration of emergency does not automatically dissolve or suspend elected state governments,” the NBA asserted, labeling the action an “unconstitutional usurpation of power” and a violation of Nigeria’s federal structure.

The NBA further noted that under Section 305(2), a presidential proclamation of emergency is not automatically valid. It requires National Assembly approval within two days if the Assembly is in session, or within ten days if it is not.

Without this ratification, the declaration remains “constitutionally inchoate and ineffective.” The association called on the National Assembly to reject any attempt to legitimize the removal of Rivers State’s elected officials, urging lawmakers to uphold constitutional standards over political expediency.

The NBA warned that suspending elected officials under the guise of emergency rule sets a perilous precedent for Nigeria’s democracy. Such actions, it argued, could be weaponized to unseat elected governments in the future, undermining the autonomy of states and the will of the electorate. “The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the statement read, reflecting deep concern over the erosion of democratic norms.

In response, the NBA demanded that all actions in Rivers State adhere strictly to constitutional provisions. It urged the judiciary, civil society, and the international community to monitor the situation closely to prevent abuse of power. The association reaffirmed its commitment to defending the rule of law and democratic governance, stressing that a state of emergency is an extraordinary measure that must remain within legal limits. “Nigeria’s democracy must be protected at all costs, and the Constitution must remain the supreme legal authority,” the NBA concluded.

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