The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it an unconstitutional overreach that poses a serious threat to Nigeria’s democracy.
The declaration, made on March 18, 2025, was justified by the federal government on the grounds of “prevailing political tension” and “pipeline vandalism.” However, the NBA has raised concerns over the legality of the move, particularly the six-month suspension of the Rivers State Governor, his deputy, and members of the State House of Assembly.
In a statement issued on Tuesday, NBA President Mazi Afam Osigwe, SAN, urged the National Assembly to reject the president’s decision, emphasizing that democracy must be upheld. The NBA argued that the Nigerian Constitution does not grant the President the power to unilaterally remove or suspend elected officials, stating that such an action is a violation of the country’s federal structure and an unconstitutional seizure of power.
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Osigwe described the removal of Governor Siminalayi Fubara, his deputy, and state lawmakers as unlawful and a direct assault on democratic principles. The association called on the National Assembly to ensure that their decision is guided strictly by constitutional provisions rather than political considerations.
The NBA also urged the judiciary, civil society groups, and the international community to closely monitor developments in Rivers State to prevent further unconstitutional actions.
The statement outlined the association’s key positions:
– The President does not have the constitutional authority to remove an elected governor under a state of emergency, making such an action an unconstitutional interference with democratic governance and state autonomy.
– The National Assembly must reject any unconstitutional attempt to legitimize the removal of the Rivers State Governor and other elected officials, ensuring that emergency powers are exercised strictly within constitutional boundaries.
– Suspending elected officials under the guise of emergency rule sets a dangerous precedent that could be exploited to unjustly remove other state governments in the future.
– All measures taken in Rivers State must align with constitutional provisions and democratic principles.
– Stakeholders, including the judiciary, civil society, and the international community, should actively monitor the situation to prevent any abuse of power.
The NBA reaffirmed its commitment to upholding the Constitution, protecting democracy, and ensuring that the rule of law remains supreme in Nigeria.
Osigwe stressed that a state of emergency is an extraordinary measure that must be applied strictly within constitutional limits. He condemned the removal of elected officials under emergency rule as unconstitutional and unacceptable.
“We urge all authorities to act in line with the law and the country’s best interests. Nigeria’s democracy must be safeguarded at all costs, and the Constitution must remain the ultimate legal authority in every circumstance,” he concluded.
