The Nigerian Bar Association (NBA) has strongly condemned the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly, branding the move unconstitutional.
In a statement shared on Tuesday via his official Twitter account, NBA President Mazi Afam Osigwe, SAN, criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, warning that it does not justify the removal of elected officials.
“The 1999 Constitution does not empower the President to sack a sitting governor, deputy governor, or state legislators under the guise of emergency rule,” the NBA stated. “Such actions amount to an unconstitutional power grab and a violation of Nigeria’s federal structure.”
The association referenced Section 305 of the Constitution, which permits a state of emergency under specific conditions but does not authorize the dissolution of an elected government. It also cited Section 188 as the only lawful means of removing a governor.
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“A state of emergency does not equate to an automatic suspension of elected state governments,” the NBA noted. “Political disputes or executive-legislative tensions are no grounds for emergency rule.”
The NBA urged the National Assembly to reject any attempt to legitimize the removal of Rivers State’s elected leaders, cautioning that it could set a dangerous precedent.
“Allowing such actions undermines democracy and paves the way for future abuses,” the statement added.
Calling for strict adherence to constitutional provisions, the NBA encouraged civil society, the judiciary, and the international community to monitor the situation closely and resist unconstitutional governance.
“We stand firm in defending democracy, upholding the rule of law, and ensuring that constitutional order prevails in Nigeria,” the association affirmed.
