The Nigerian Bar Association (NBA) has condemned President Bola Ahmed Tinubu’s recent declaration of a state of emergency in Rivers State, calling it unconstitutional and a violation of democratic principles.
In a statement issued and signed by President, Nigerian Bar Association, Mazi Afam Osigwe, SAN,on March 18, 2025, the NBA expressed serious concerns over the suspension of the state’s governor, deputy governor, and members of the Rivers State House of Assembly, which was announced by the President as part of the emergency measures.
According to the NBA, the declaration was made in response to political tensions and the reported vandalization of pipelines in the state.
However, the association highlighted that such measures fail to meet the constitutional criteria outlined in Section 305 of the 1999 Constitution of Nigeria.
The section grants the President the power to declare a state of emergency but imposes strict conditions that must be satisfied.
The NBA pointed out that the Constitution does not authorize the President to remove or suspend elected officials, including the governor and members of the state legislature, under the guise of a state of emergency.
It further emphasized that any removal or suspension of elected officials must follow clear constitutional procedures, which were not followed in this case.
While the NBA acknowledged the political tension in Rivers State, it stressed that such challenges do not justify the suspension of elected officials or the imposition of emergency rule.
The association argued that the situation in the state does not meet the criteria for a state of emergency, as outlined in the Constitution, such as war, external aggression, or a breakdown of public order to the extent that legal measures are insufficient.
The NBA also highlighted that Section 305(2) of the Constitution requires legislative approval of the declaration of a state of emergency.
The National Assembly must approve the proclamation within a defined period for it to remain valid.
The NBA emphasized that, without National Assembly approval, the declaration remains unconstitutional and invalid.
In light of these concerns, the NBA called on the National Assembly to reject any unconstitutional attempt to ratify the suspension of elected officials in Rivers State.
The association warned that such actions would set a dangerous precedent, undermining the autonomy of state governments and threatening the country’s democratic framework.
The NBA concluded by reiterating its commitment to upholding the Constitution and defending democratic governance.
The association called on all stakeholders, including the judiciary and civil society, to monitor the situation closely to prevent unconstitutional governance and safeguard Nigeria’s democracy.
Osigwe emphasized that the removal of elected officials under the pretext of emergency rule was unconstitutional and unacceptable, urging relevant authorities to act in accordance with the law and protect the nation’s democratic values.
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