The Nigerian Bar Association (NBA) has condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it “unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.”
In a statement signed by its president, Mazi Afam Osigwe, SAN, the NBA warned that the move threatens Nigeria’s democratic system and federal structure.
While acknowledging that the President has the power to declare a state of emergency under Section 305 of the Constitution, the NBA stressed that “the 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.”
NBA
The legal body also argued that the situation in Rivers State does not meet the constitutional threshold for emergency rule. “Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule,” the NBA stated.
It further emphasized that “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.”
The NBA urged the National Assembly to “reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials.” It also called on the judiciary, civil society, and the international community to closely monitor the situation and prevent further violations of constitutional governance.
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BREAKING! President Tinubu Declares a State of Emergency in Rivers State (Read Full Speech)
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