The Nigerian Bar Association (NBA) has strongly condemned the suspension of Rivers State Governor Siminalayi Fubara and other elected officials following President Bola Tinubu’s declaration of a state of emergency in the state. The legal body has described the move as unconstitutional and an outright assault on Nigeria’s democratic system.
In a statement issued on Tuesday, NBA President Afam Osigwe, SAN, asserted that the federal government’s action violates the provisions of the 1999 Constitution, particularly Section 305, which sets clear conditions for imposing emergency rule. Osigwe warned that such a decision undermines Nigeria’s constitutional democracy and sets a dangerous precedent for governance in the country.
According to Osigwe, while Section 305 grants the president the power to declare a state of emergency, it also establishes procedural safeguards to prevent abuse. He stressed that the provision does not authorize the suspension of elected officials, arguing that such an action contradicts democratic principles.
“The Nigerian Bar Association unequivocally rejects this unconstitutional suspension of elected leaders in Rivers State. The declaration of emergency rule does not equate to the dissolution of a duly elected government. Any action that sidesteps constitutional safeguards is a direct threat to the rule of law,” Osigwe stated.
The NBA further noted that previous instances of emergency rule in Nigeria did not result in the removal of elected governors, citing past interventions in Plateau and Ekiti States where state officials remained in office while the federal government took temporary control of security and administrative functions.
The legal body has called for the immediate reinstatement of Governor Fubara and other suspended state officials, urging the federal government to adhere to constitutional procedures in addressing the crisis in Rivers State.
“We call on President Tinubu to reconsider this action and to ensure that constitutional order is maintained. The judiciary must also stand firm in upholding the constitution against any attempts to erode democratic institutions,” Osigwe added.
Legal experts and constitutional scholars have echoed the NBA’s concerns, warning that allowing such suspensions to stand could embolden future administrations to arbitrarily remove elected leaders under the pretext of emergency rule.
The suspension of Rivers State’s leadership has sparked widespread outrage across the political landscape. The Peoples Democratic Party (PDP), under whose platform Fubara was elected, has described the move as a “politically motivated coup” and vowed to challenge it in court. Civil society groups and pro-democracy advocates have also criticized the decision, with many calling for nationwide protests against what they see as executive overreach.
Conversely, the All Progressives Congress (APC) has defended the president’s decision, arguing that emergency measures were necessary to restore order in Rivers State following months of political tensions and economic sabotage through pipeline vandalism.
With the NBA’s opposition adding weight to the legal challenges already being mounted, the case is expected to escalate to Nigeria’s highest courts. If the judiciary rules against the emergency declaration, it could force the federal government to reverse its decision and reinstate the suspended officials.
As Nigeria watches this legal and political battle unfold, TheLink News NG will continue to provide updates on the latest developments and implications for the nation’s democratic process.
