Nigerian Bar Association Urges National Assembly to Reject Tinubu’s State of Emergency in Rivers State
The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as an unconstitutional overreach that threatens Nigeria’s democratic principles. In a statement released on Tuesday, NBA President Mazi Afam Osigwe, SAN, called on the National Assembly to reject the president’s decision, warning that it sets a dangerous precedent for the country’s democracy.
President Tinubu announced the state of emergency on March 18, 2025, citing “prevailing political tension” and the “vandalization of pipelines” as justification. The declaration led to the suspension of Rivers State Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the State House of Assembly for an initial period of six months.
NBA’s Constitutional Concerns
The NBA questioned the legality of the move, particularly the suspension of elected officials, arguing that the Nigerian Constitution does not empower the president to unilaterally remove or replace state governors and legislators.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” Osigwe stated.
The association emphasized that the declaration of a state of emergency must be strictly within constitutional limits and should not be used as a pretext to undermine democratic governance.
Call to the National Assembly
The NBA urged the National Assembly to reject any attempt to ratify the removal of Rivers State officials, stressing that such decisions must be based on constitutional grounds rather than political expediency.
“The approval of a state of emergency must be based on strict constitutional grounds, not political expediency. Suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future,” the statement read.
Warning Against Abuse of Power
The NBA warned that the suspension of elected officials under emergency rule could be exploited to target political opponents and destabilize state governments. The association called on all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent further unconstitutional actions.
“We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” Osigwe added.
Implications for Nigeria’s Democracy
The NBA’s intervention highlights the broader implications of Tinubu’s declaration for Nigeria’s federal structure and democratic governance. The suspension of elected officials in Rivers State has raised concerns about the erosion of state autonomy and the potential for federal overreach in state affairs.
The association’s statement underscores the need for strict adherence to constitutional provisions and the rule of law, particularly in times of political crisis. The NBA’s stance reflects the legal community’s commitment to defending democratic principles and ensuring that government actions are grounded in the Constitution.
Next Steps
As the National Assembly prepares to deliberate on the state of emergency declaration, stakeholders are calling for a thorough and transparent process that prioritizes constitutional compliance and democratic norms. The outcome of the legislative debate will have significant implications for the future of governance in Rivers State and Nigeria’s federal system.
The NBA’s call for vigilance and adherence to the rule of law serves as a reminder of the importance of protecting Nigeria’s democracy from unconstitutional actions and abuses of power.
