The Nigerian Bar Association has said that the declaration of a statement of emergency in Rivers State by President Bola Tinubu is unconstitutional.
The lawyers’ body made its position known in a statement by its President, Afam Osigwe (SAN), which was issued to newsmen on Tuesday.
The NBA said the President lacks the constitutional power to unilaterally remove elected officials under the guise of an emergency rule.
It said while Section 305 of the 1999 Constitution, which governs the procedure for declaring a state of emergency, grants the president emergency powers, it does not allow for the removal or suspension of elected officials.
The NBA stressed that the only constitutional method for removing a governor or deputy governor is through impeachment as outlined in Section 188.
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It also said the removal of lawmakers must adhere to electoral laws and constitutional provisions, adding that a state of emergency does not equate to an automatic dissolution of an elected government, and any attempt to do so is an overreach of executive power.
The NBA also highlighted that Tinubu’s emergency declaration requires approval from the National Assembly within two days if in session, or 10 days if not.
It said until such approval is granted, the declaration remains legally ineffective.
Condemning the move as a “dangerous affront” to democracy, the NBA warned that allowing the suspension of elected officials under emergency rule could set a precedent for removing state governments based on political considerations.
It urged the National Assembly to reject any attempt to ratify the unconstitutional suspension of Rivers State officials.
The NBA called on all stakeholders, including the judiciary, civil society, and international observers, to monitor the situation closely, reaffirming its commitment to upholding Nigeria’s democracy and urged the federal government to resolve political conflicts through constitutional and legal mechanisms, not executive orders.
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