NBA condemns state of emergency in Rivers, calls governor’s removal “unconstitutional”

The Nigerian Bar Association (NBA) has issued a strong rebuke of President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the suspension of democratically elected officials as unconstitutional and a dangerous precedent for Nigeria’s democracy.

In a comprehensive statement released Tuesday night, NBA President Mazi Afam Osigwe, SAN, responded to the President’s national address of March 18, 2025, in which Tinubu cited “prevailing political tension” and “vandalization of pipelines” as justification for the emergency declaration.

“The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months,” the statement reads. “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.”

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The association emphasized that while Section 305 of the Constitution does empower the President to declare emergencies, it includes strict conditions and procedural safeguards that must be followed. The NBA questioned whether the situation in Rivers State meets any of the six constitutional thresholds for such a declaration, which include war, external aggression, breakdown of public order beyond conventional legal remedies, threats to national existence, or natural disasters.

“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule,” the statement asserts.

The NBA also highlighted that any emergency proclamation requires National Assembly approval within two days if in session, or within ten days after reconvening if not in session, meaning the declaration “remains constitutionally inchoate and ineffective” without legislative ratification.

The Bar Association called on the National Assembly to reject attempts to ratify the removal of Rivers State elected officials and warned that suspending elected officials under emergency rule creates a dangerous precedent. They demanded strict adherence to constitutional provisions in handling the Rivers State situation and encouraged stakeholders including the judiciary and civil society to monitor developments closely.

“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the NBA concluded. “Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”