The Nigerian Bar Association has faulted the declaration of a state of emergency in Rivers State by President Bola Tinubu, describing the move as “unconstitutional” and a dangerous precedent for Nigeria’s democracy.
In a statement issued on Tuesday, and signed by its President, Afam Osigwe, SAN, the association insisted that the President has no constitutional power to remove an elected governor, deputy governor, or state lawmakers under 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.
“Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188.
“Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances,” it added.
The association emphasized that while Section 305 of the Constitution vests the President with the power to declare a state of emergency, it “stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.”
The NBA argued that the political crisis in Rivers State does not justify emergency rule, questioning whether it meets the constitutional threshold of a complete breakdown of public order.