By Abdullahi Mukhtar Algasgaini
The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the purported suspension of the state’s democratically elected officials as unconstitutional.
In a press release issued on March 18, 2025, the NBA expressed grave concerns over the President’s decision to suspend Governor Fubara, his deputy, and members of the Rivers State House of Assembly for six months, citing political tensions and pipeline vandalism as reasons for the emergency declaration.
The NBA emphasized that Section 305 of the 1999 Constitution, which governs emergency proclamations, does not grant the President the power to remove elected officials.
According to the association, such actions violate Nigeria’s federal structure and democratic principles.
The Constitution outlines specific conditions for declaring a state of emergency, including war, imminent danger, or a complete breakdown of public order—none of which, the NBA argues, are met by the current political crisis in Rivers State.
The association also noted that a state of emergency requires approval from the National Assembly within two days if in session, or ten days after reconvening, to remain valid.
The NBA called on lawmakers to reject any unconstitutional ratification of the emergency measures and warned that suspending elected officials sets a dangerous precedent for Nigeria’s democracy.
The NBA urged all stakeholders, including the judiciary, civil society, and the international community, to monitor the situation closely and ensure that constitutional norms are upheld.
It reaffirmed its commitment to defending the rule of law and protecting Nigeria’s democracy from executive overreach.