By Charles Maduka
The Nigerian Bar Association (NBA) has strongly condemned the removal of Rivers State Governor Siminalayi Fubara and other elected officials under the state of emergency declared by President Bola Ahmed Tinubu on March 18, 2025. The association described the action as unconstitutional and a violation of Nigeria’s democratic principles.
In a statement signed by its President, Mazi Afam Osigwe, SAN, the NBA acknowledged that the Constitution grants the President power to declare a state of emergency under Section 305 of the 1999 Constitution. However, it stressed that the President does not have the authority to suspend or remove elected officials, including a governor, deputy governor, or state legislators.
“The 1999 Constitution provides clear procedures for removing elected officials. Nowhere does it grant the President the power to unilaterally dissolve or suspend an elected state government,” the statement read.
The NBA questioned whether the political crisis in Rivers State met the constitutional threshold for an emergency. It argued that political disagreements and legislative conflicts should be resolved through legal and constitutional means rather than executive action.
The association further noted that the President’s declaration of emergency must be approved by the National Assembly within two days if in session or within ten days if not. Until this happens, the declaration remains incomplete and ineffective.
The NBA, therefore, called on the National Assembly to reject any attempt to legitimize the removal of Governor Fubara and other elected officials. It also warned that allowing such actions to stand would set a dangerous precedent that could be used to undermine democracy in the future.
The NBA reaffirmed its commitment to defending the Constitution and urged all stakeholders, including the judiciary and civil society, to closely monitor the situation to prevent abuse of power.
“Nigeria’s democracy must be protected at all costs, and the Constitution must remain the supreme authority in all circumstances,” the statement concluded.
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