The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has described the suspension of Rivers State Governor Siminalayi Fubara and the Rivers State House of Assembly by President Bola Tinubu as “unconstitutional” and concerning.
Osigwe, the head of the umbrella body of lawyers in Nigeria, stated his position in a statement on Tuesday night.
According to him, the state of emergency in Rivers State 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.
Nairametrics previously reported that President Bola Tinubu, on Tuesday night, declared a state of emergency in Rivers State following months of escalating political unrest and violence in the oil-rich region.
The announcement was made during a nationwide broadcast on Tuesday, March 18, 2025.
As part of the emergency measures, Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the Rivers State House of Assembly have been suspended for an initial period of six months.
To oversee the state during this period, President Tinubu appointed Vice Admiral Ibokette Ibas (rtd) as the military administrator.
The President cited Section 305 of the 1999 Constitution, which empowers him to declare a state of emergency in situations of national danger, disaster, or threats to public order and safety.
Tinubu also pointed to reports of oil pipelines being sabotaged in the state, posing significant economic losses and environmental damage to the nation.
NBA Reacts
Reacting to the development, Osigwe stated that while 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.
- He explained that the 1999 Constitution does not grant the President the power to unilaterally 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,” he added, asserting that none of the relevant provisions in law appear to have been adhered to by the President in the present circumstances.
- According to him, a declaration of emergency does not automatically dissolve or suspend elected state governments.
- Osigwe faulted Tinubu’s alleged unilateral decision and listed what must happen for a state of emergency by the president to come into play:
According to him, 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.”
- He also stated that 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.
- Furthermore, he disagreed with the notion that 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,” he added.
The NBA President called on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials.
- He warned 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.
- He demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
He encouraged 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.
Reactions and Implications
The declaration has sparked mixed reactions across the country. While some have applauded the President’s decisive action to restore peace in Rivers State, others have raised concerns about the implications for democracy and the rule of law. Critics argue that the suspension of elected officials could set a dangerous precedent for federal interference in state affairs.
As the situation unfolds, all eyes will be on Rivers State to see how the emergency measures impact the political landscape and whether they succeed in bringing an end to the protracted crisis.
