Rivers crisis: Suspending elected officials unconstitutional – NBA

The Nigerian Bar Association (NBA) has condemned the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly, declaring it unconstitutional.

In a statement posted by the president of NBA, Mazi Afam Osigwe, SAN on his official Twitter account on Tuesday, the NBA expressed concern over President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the subsequent removal of elected officials.

“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 stated. “Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”

The NBA emphasized that while Section 305 of the Constitution allows the President to declare a state of emergency under specific conditions, it does not authorize the dissolution or suspension of an elected state government. It further cited Section 188, which outlines the only legal process for removing a governor.

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“A declaration of emergency does not automatically dissolve or suspend elected state governments,” the association noted. “Political disagreements, legislative conflicts, or executive-legislative tensions do not justify emergency rule.”

The NBA called on the National Assembly to reject any attempt to legitimize the removal of Rivers State’s elected officials, warning that such actions could set a dangerous precedent.

“Suspending elected officials under emergency rule undermines democracy and could be misused to unseat governments in the future,” the statement added.

The association urged all actions in Rivers State to adhere strictly to constitutional provisions and democratic norms. It also called on civil society, the judiciary, and the international community to monitor the situation closely to prevent unconstitutional governance.

“We remain committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria,” the NBA asserted.