NBA Knocks Tinubu, Insists He lacks Constitutional Power To Suspend Fubara, Others
The Nigerian Bar Association (NBA) has characterized the suspension of Governor Sim Fubara and his deputy, Ngozi Odu, along with President Bola Tinubu’s declaration of a state of emergency in Rivers State, as unlawful.
In his address to the nation on Tuesday evening, President Tinubu stated that the declaration was necessitated by the ongoing political unrest in the state and the “vandalization of pipelines that occurred between yesterday and today (Tuesday).”
In a statement issued by its President, Mazi Afam Osigwe, the NBA emphasized that while Section 305 of the Constitution grants the President the authority to declare a state of emergency, it also imposes stringent conditions and procedural safeguards that must be observed to prevent such extraordinary actions from undermining democratic governance and fundamental human rights.
The NBA expressed serious concern regarding the President’s actions, asserting that “the 1999 Constitution does not empower the President to remove an elected governor, deputy governor, or members of a state legislature under the pretext of a state of emergency. Instead, the Constitution outlines specific procedures for the removal of a governor and deputy governor as detailed in Section 188. Likewise, the removal of members of the House of Assembly and the dissolution of parliament are governed by constitutional provisions and electoral laws, none of which seem to have been followed in this instance.”
Furthermore, the NBA clarified that a declaration of emergency does not inherently dissolve or suspend elected state governments. The Constitution does not authorize the President to unilaterally remove or replace elected officials; such actions constitute an unconstitutional usurpation of power and a significant violation of Nigeria’s federal structure.
The Nigerian Bar Association (NBA) strongly maintains that the circumstances in Rivers State, despite being politically charged, do not satisfy the constitutional criteria necessary for the removal of elected officials. These criteria include: acts of war or external aggression against Nigeria; an imminent threat of invasion or warfare; a severe breakdown of public order and safety that renders ordinary legal remedies inadequate; a significant threat to the existence of Nigeria; and the occurrence of any disaster or natural calamity impacting a state or a portion thereof.
Furthermore, the NBA has raised concerns regarding whether the political turmoil in Rivers State has escalated to a point of total law and order collapse that would justify the removal of the Governor and his administration. The association emphasizes that political disputes, legislative disagreements, or tensions between the executive and legislative branches do not provide grounds for emergency rule, as such issues should be addressed through legal and constitutional avenues, including the judiciary, rather than through executive action.
The statement from Osigwe declared that the alleged removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is unconstitutional, illegal, and poses a serious threat to the integrity of Nigeria’s democracy.
The NBA urged the National Assembly to reject any declaration of a state of emergency by the President and any unconstitutional efforts to validate the removal of the Rivers State Governor and other elected officials.
In summary, the Nigerian Bar Association asserts that the President lacks the constitutional authority to remove an elected governor during a state of emergency. Such actions represent an unconstitutional infringement on democratic governance and the independence of state governments, the NBA concluded.
