The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, saying it is unconstitutional removal of elected officials.
In a statement released on Tuesday, NBA President Mazi Afam Osigwe stressed that the President lacks the constitutional authority to remove an elected governor, deputy governor, or state lawmakers under the guise of an emergency rule.
“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 asserted.
Osigwe stated that the Constitution provides clear procedures for their removal, which have not been followed in this instance.
The NBA pointed out that while Section 305 of the Constitution allows the President to declare a state of emergency, it also stipulates strict conditions and procedural safeguards to prevent any infringement on democratic governance and fundamental human rights.
“The political crisis in Rivers State does not meet the constitutional threshold of a complete breakdown of public order to justify a state of emergency,” the statement read.
The NBA questioned whether the political crisis in Rivers State meets the constitutional threshold for declaring a state of emergency, highlighting that six specific conditions must be met, including:
- War or external aggression against Nigeria
- Imminent danger of invasion or war
- Breakdown of public order and safety
- Clear danger to Nigeria’s existence
- Occurrence of any disaster or natural calamity
- Public danger that constitutes a threat to the Federation
It added that the declaration of emergency does not automatically dissolve or suspend elected state governments, and the President is not empowered to unilaterally remove elected officials, describing such actions as a “fundamental breach of Nigeria’s federal structure.”
The NBA asserts that the situation in Rivers State, though politically tense, does not justify the removal of elected officials.
The association further calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly.
In conclusion, the NBA noted its committement to upholding the Constitution, defending democratic governance, and ensuring the rule of law prevails in Nigeria.
The association urges all stakeholders to closely monitor the situation in Rivers State and prevent unconstitutional governance and abuse of power.