Taiwo Popoola
The Nigerian Bar Association, NBA, has described the suspension of Governor Sim Fubara and his deputy, Ngozi Odu and the declaration of state of emergence in Rivers State by President Bola Tinubu as illegal.
Tinubu’s declaration of state of emergence in Rivers State was contained in his address to the nation on Tuesday night, where he said the decision became necessary to due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today (Tuesday)”.
The NBA, in a statement signed by its President, Mazi Afam Osigwe, noted that while Section 305 of the Constitution indeed vests the President with the power to declare state of emergency, there are strict conditions and procedural safeguards stipulated in that section that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.
The NBA said it was gravely concerned about the President’s action, adding that “the 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.”
“A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials-such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.
“The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials outlines specific conditions, including: War or external aggression against Nigeria; imminent danger of invasion or war; a breakdown of public order and safety to such an extent that ordinary legal measures are insufficient; a clear danger to Nigeria’s existence; Occurrence of any disaster or natural calamity affecting a state or a part of it,” it stated.
The NBA further questioned whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration, insisting that political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule as such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” Osigwe’s statement said.
The NBA called on the National Assembly to reject the declaration of a state of emergency by the President and any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials.
“In light of the foregoing, the Nigerian Bar Association: Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency.
“Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments,” the NBA declared.
