Breaking News: NBA Condemns Tinubu’s Suspension of Fubara, Declares Action Illegal
The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu's declaration of a state of emergency in Rivers State and the suspension of Governor Sim Fubara, his deputy, Ngozi Odu, and members of the state legislature, labeling the move as unconstitutional.
In an address to the nation on Tuesday night, President Tinubu cited increasing political tension and vandalization of pipelines as the basis for the emergency declaration. However, the NBA, in a statement signed by its President, Mazi Afam Osigwe, argued that while Section 305 of the 1999 Constitution empowers the President to declare a state of emergency, it must adhere to strict procedural and legal conditions.
“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,” the NBA stated. It further emphasized that the proper legal channels for the removal of elected officials are outlined in Section 188 of the Constitution and relevant electoral laws, which do not appear to have been followed.
The NBA contended that the political situation in Rivers State, while tense, does not meet the constitutional conditions necessary to justify emergency rule. It pointed out that a state of emergency is only warranted in cases such as war, external aggression, widespread public disorder beyond legal control, or natural disasters—none of which are evident in Rivers State.
“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 statement read.
The legal body questioned whether the current crisis in Rivers State equates to a complete breakdown of law and order, asserting that political disagreements and legislative conflicts should be addressed through constitutional mechanisms rather than executive overreach.
Describing the suspension of the governor, his deputy, and the dissolution of the legislature as a "dangerous affront to democracy," the NBA urged the National Assembly to reject the declaration and any attempts to validate the unconstitutional removal of elected officials.
“Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments,” the NBA declared.
The association called for immediate adherence to constitutional provisions, urging all stakeholders to uphold the rule of law and Nigeria’s democratic principles.
Lagos Reporters will continue to provide accurate and timely updates on this developing situation, ensuring the public remains informed about critical national issues.