The Nigerian Bar Association (NBA) has issued a scathing rebuke of President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, labeling it unconstitutional and a threat to Nigeria’s democratic governance. In a detailed statement released late on March 18, 2025, NBA President Mazi Afam Osigwe, SAN, argued that the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly for six months under the emergency declaration violates the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The declaration, announced by President Tinubu in a nationwide broadcast on March 18, was justified by the President as a response to escalating political tensions and recent pipeline vandalism in Rivers State, a key oil-producing region. Tinubu invoked Section 305 of the Constitution, which grants the President powers to declare a state of emergency under specific conditions, such as war, public disorder, or natural disasters. However, the NBA contends that the political crisis in Rivers State does not meet these constitutional thresholds.
“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule,” Osigwe stated in the NBA’s press release, which included the association’s logo featuring the scales of justice and the outline of Nigeria. “Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.”
The NBA’s statement highlights that Section 305 stipulates strict procedural safeguards to prevent the infringement of democratic governance and fundamental human rights. It emphasizes that the Constitution does not grant the President the authority to remove or suspend elected state officials, such as a governor or members of a state legislature, under a state of emergency. Instead, the removal of a governor is governed by Section 188, while the dissolution of a state assembly requires adherence to electoral laws—neither of which, the NBA asserts, were followed in this instance.
The association expressed particular concern over Tinubu’s reported appointment of a caretaker to administer Rivers State for six months, a move the NBA describes as an “unconstitutional usurpation of power” and a “dangerous affront to Nigeria’s federal structure and democracy.” The statement warns that such actions could set a precedent for future abuses, undermining Nigeria’s democratic institutions.
Furthermore, the NBA pointed out that under Section 305(2), a state of emergency declaration requires ratification by the National Assembly within two days if it is in session, or within ten days if the Assembly is not in session. Failure to secure this approval would render the proclamation “constitutionally inchoate and ineffective,” according to the NBA.
In its call to action, the NBA urged the National Assembly to reject any unconstitutional ratification of the emergency declaration, demanded strict adherence to constitutional norms in Rivers State, and encouraged the judiciary, civil society, and the international community to monitor the situation closely. “Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” Osigwe concluded.
The political crisis in Rivers State, marked by a bitter feud between Governor Fubara and political factions aligned with former Governor Nyesom Wike, has drawn national attention. Reports of pipeline vandalism, legislative gridlock, and the demolition of the state House of Assembly complex have fueled tensions, prompting Tinubu’s intervention. However, the NBA’s intervention has reignited debates about the balance of power between federal and state governments in Nigeria’s federal system.
As of early Wednesday, March 19, 2025, it remains unclear whether the National Assembly will ratify Tinubu’s declaration or how the judiciary might respond to potential legal challenges. The NBA’s statement has intensified scrutiny on the federal government’s actions, with legal experts and political analysts closely watching the unfolding situation in Rivers State.