“Suspension of Elected Officials Is Unconstitutional” — NBA Slams Tinubu’s State of Emergency in Rivers State

The Nigerian Bar Association (NBA) has strongly criticized the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, describing it as a serious constitutional overreach. In a national broadcast on March 18, 2025, President Tinubu cited ongoing political tension and recent acts of pipeline vandalism as justification for the move, which includes the purported six-month suspension of Governor Siminalayi Fubara, his deputy, and the entire Rivers State House of Assembly.

In a swift response, the NBA warned that the Constitution of the Federal Republic of Nigeria, 1999 (as amended), does not permit the President to remove or suspend democratically elected officials, even under a state of emergency. Section 305, which outlines the conditions and procedures for declaring a state of emergency, provides specific safeguards to prevent abuse of power. According to the NBA, these safeguards have not been followed.

The NBA emphasized that the President has no constitutional authority to remove a sitting governor, deputy governor, or members of a state legislature. The Constitution clearly stipulates the process for removing such officials—processes which involve legislative action and, in some cases, judicial proceedings, not unilateral executive decisions. The association noted that political conflict or vandalism does not rise to the threshold required for emergency rule, and warned that using such justifications to displace elected governments is a dangerous erosion of democratic norms.

The NBA further pointed out that under Section 305(2), any proclamation of emergency by the President must be approved by the National Assembly within two days if in session, or within ten days if not. Until this happens, the declaration lacks constitutional validity. The NBA has therefore called on the National Assembly to reject any attempt to ratify what it calls an unconstitutional act.

Describing the removal of elected officials as a “dangerous affront” to Nigeria’s democracy, the NBA asserted that only constitutional mechanisms should be used to resolve political disputes. It warned that permitting emergency rule to be used for political ends risks setting a precedent that could destabilize the country’s democratic institutions.

NBA President Mazi Afam Osigwe, SAN, urged all actions in Rivers State to strictly adhere to constitutional provisions and democratic principles. He called on the judiciary, civil society, and the international community to remain vigilant and ensure the rule of law is upheld. The association reaffirmed its commitment to protecting the Constitution and preserving democratic governance, stating unequivocally that the removal of elected officials under the guise of emergency powers is both unconstitutional and unacceptable.