The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the purported suspension of the state’s elected governor, deputy governor, and lawmakers as unconstitutional and a threat to Nigeria’s democracy.
In a statement issued by its President, Mazi Afam Osigwe, SAN, the NBA expressed deep concern over the president’s decision, which he said was prompted by rising political tension in Rivers and alleged vandalization of oil pipelines.
While acknowledging the President’s constitutional powers under Section 305 of the 1999 Constitution (as amended) to declare a state of emergency, the NBA emphasized that such powers must be exercised within strict constitutional limits and must not undermine democratic institutions.
“The Constitution does not empower the President to suspend or remove a duly elected governor or members of a state legislature under the guise of emergency rule,” Osigwe said.
“Such actions represent an unconstitutional usurpation of power and a dangerous breach of Nigeria’s federal structure.”
The association warned that the removal of elected officials through executive fiat violates the provisions of Sections 188 and other relevant laws that clearly outline procedures for impeachment and dissolution of legislative houses.
According to the NBA, political disagreements and legislative tensions, no matter how intense, do not meet the constitutional threshold for a state of emergency, nor do they justify the suspension of elected governments.
Citing Section 305(3), the NBA outlined the specific conditions under which an emergency declaration can be validly made—such as war, natural disasters, or a complete breakdown of law and order—and questioned whether the situation in Rivers State met any of these criteria.
The association further reminded the public and authorities that such proclamations must receive legislative approval within two days if the National Assembly is in session, or within ten days otherwise, for them to remain valid.
In its concluding remarks, the NBA:
Urged the National Assembly to resist any move that legitimizes the unconstitutional suspension of the Rivers State Governor and other elected officials.
Warned that such actions could set a dangerous precedent and threaten Nigeria’s democratic stability.
Called on the judiciary, civil society, and international observers to remain vigilant and ensure strict adherence to the Constitution.
“The NBA remains committed to the protection of democracy and the rule of law,” Osigwe added. “A state of emergency must never be used as a tool for political control or to circumvent the will of the people.”
The legal body called for immediate adherence to constitutional provisions and urged all relevant stakeholders to safeguard the country’s democratic institutions.