NBA Condemns Unconstitutional Removal Of Elected Officials Amid Rivers State Emergency

NBA Condemns Unconstitutional Removal of Elected Officials Amid Rivers State Emergency

In a bold statement that underscores growing concerns over executive overreach, the Nigerian Bar Association (NBA) has sharply criticized President Bola Ahmed Tinubu’s recent declaration of a state of emergency in Rivers State. The NBA asserts that the suspension—or de facto removal—of Governor Fubara, his deputy, and the Rivers State House of Assembly is not only unconstitutional but also a dangerous affront to Nigeria’s democratic framework.

State of Emergency Sparks Constitutional Debate

On 18 March 2025, President Tinubu announced a state of emergency in Rivers State, citing escalating political tensions and the vandalization of pipelines as justification for his move. Under Section 305 of the 1999 Constitution of the Federal Republic of Nigeria, the President is empowered to declare a state of emergency; however, this power comes with stringent procedural safeguards designed to protect democratic governance and fundamental human rights. The NBA contends that the President’s decision to suspend key elected officials far exceeds the constitutional mandate.

NBA’s Constitutional Concerns

The NBA’s statement emphasizes that the Nigerian Constitution does not grant the President the authority to remove a democratically elected governor or other state officials during an emergency. According to constitutional provisions—including Section 188 for the removal of state governors and corresponding electoral laws—the procedure for dismissing elected officials must adhere to established legal processes, not unilateral executive fiat.

Furthermore, Section 305(2) mandates that any state of emergency must be ratified by the National Assembly within a specified period. “Unless the National Assembly approves the proclamation, the state of emergency remains constitutionally inchoate,” the NBA warned, highlighting the legal and democratic missteps inherent in the current situation.

Legal Framework and Democratic Implications

The Constitution outlines clear conditions for a state of emergency, such as external aggression, imminent war, or a breakdown in public order so severe that ordinary legal measures are inadequate. The NBA questions whether the political unrest in Rivers State meets this high threshold. Political disputes, legislative conflicts, and executive-legislative tensions, the association argues, do not justify the extraordinary measure of removing elected officials from office.

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By attempting to suspend the elected leadership for six months, the President risks undermining Nigeria’s federal structure and setting a perilous precedent. Legal experts and constitutional scholars warn that such actions could embolden future attempts to sidestep established democratic processes, thereby destabilizing governance across the nation.

Calls for Legislative Oversight and Judicial Review

In its statement, the NBA has called on the National Assembly to reject any unconstitutional effort to ratify the removal of the Rivers State Governor and his administration. The association further urged that all stakeholders—including the judiciary, civil society, and the international community—closely monitor developments in Rivers State to ensure that the rule of law prevails.

Mazi Afam Osigwe, SAN, President of the Nigerian Bar Association, stated, “Any attempt to remove elected officials under the guise of emergency rule is an unconstitutional encroachment on the autonomy of state governments. We call on all relevant authorities to act in accordance with the law and protect Nigeria’s democracy.”

Looking Ahead

As the crisis unfolds, the situation in Rivers State remains a critical test of Nigeria’s constitutional safeguards. With the National Assembly’s ratification yet to be secured, the validity of the state of emergency hangs in the balance. The NBA’s strong stance serves as a reminder that even in times of crisis, adherence to constitutional provisions is paramount to preserving democratic integrity and the rule of law.

The full text

“STATE OF EMERGENCY IN RIVERS: “SUSPENSION” OR OTHERWISE SUMMARY REMOVAL OF A DEMOCRATICALLY ELECTED GOVERNOR AND OTHER ELECTED OFFICIALS IS UNCONSTITUTIONAL”

The Nigerian Bar Association (NBA) has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation today, 18th March 2025. This declaration according to the President is due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today:” This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.

Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.

The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.

A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.

The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.
For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:

War or external aggression against Nigeria.
Imminent danger of invasion or war
A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
A clear danger to Nigeria’s existence.
Occurrence of any disaster or natural calamity affecting a state or a part of it.
Such other public danger that constitutes a threat to the Federation.
The NBA questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration. Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.

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.
Furthermore, subsection (2) of Section 305 provides that:
“A Proclamation issued by the President under this section shall cease to have effect—
(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or
(b) if the National Assembly is not in session, within ten days after it reconvenes.”

These provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect. The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.

In light of the foregoing, the Nigerian Bar Association:
• Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
• Calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
• Warns that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
• Demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
• Encourages all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.

The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.

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.

Mazi Afam Osigwe, SAN
President, Nigerian Bar Association