NBA condemns Tinubu’s suspension of Rivers governor as unconstitutional overreach

The Nigerian Bar Association (NBA) has declared the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly by President Bola Tinubu as unconstitutional and an alarming breach of Nigeria’s federal structure.

This reaction follows President Tinubu’s declaration of a state of emergency in Rivers State, citing heightened political tension and recent pipeline vandalisation.

In a statement posted on his X page, Afam Osigwe, a Senior Advocate of Nigeria (SAN) and the president of the NBA, argued that while Section 305 of the 1999 Constitution grants the President authority to declare a state of emergency, it establishes strict conditions and procedural safeguards to protect democratic governance and fundamental rights. The NBA emphasised that the Constitution does not grant the President power to unilaterally remove elected officials under the guise of a state of emergency.

Read also: Rivers: Reps say Tinubu sought N’Assembly’s nod before emergency rule

According to the NBA, Section 188 of the Constitution specifies the process for the removal of a governor and deputy governor, while the removal of House of Assembly members must adhere to constitutional and electoral guidelines. It further clarified that a state of emergency does not dissolve or suspend elected state governments, and any attempt to do so amounts to an “unconstitutional usurpation of power.”

The association also questioned whether the political tension in Rivers State meets the constitutional threshold for such drastic measures, noting that political disagreements, legislative conflicts, or executive-legislative tensions are not grounds for declaring emergency rule.

“Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat,” the NBA insisted.

Furthermore, the NBA referenced subsection (2) of Section 305, which states that any proclamation issued by the President must be approved by the National Assembly within two days if it is in session, or within ten days after it reconvenes if it is not.

The association urged adherence to constitutional provisions, warning that the suspension of elected officials in Rivers State is both unlawful and a dangerous affront to Nigeria’s democracy.