NBA Condemns Rivers State Emergency Declaration, Calls It Unconstitutional

The Nigerian Bar Association (NBA) has strongly opposed President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as unconstitutional and a threat to Nigeria’s democratic system.

In a statement issued on Tuesday, NBA President Afam Osigwe, SAN, emphasized that the 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or state legislators under emergency rule.

“The Constitution provides clear procedures for the removal of a governor and deputy governor under Section 188, and any attempt to bypass these legal processes is unconstitutional,” the NBA stated.

While acknowledging that Section 305 allows the President to declare a state of emergency, the association stressed that such action must adhere to strict constitutional guidelines and should not be used as a pretext to undermine democratic institutions.

“The ongoing crisis in Rivers State does not meet the constitutional threshold for emergency rule. Suspending elected officials through such means is an unconstitutional overreach and sets a dangerous precedent,” the statement read.

The NBA also warned that unless the National Assembly properly approves the proclamation, the emergency declaration remains legally ineffective. It urged lawmakers to reject any move that violates the federal structure and democratic principles.

Calling on civil society, the judiciary, and the international community to remain vigilant, the NBA reaffirmed its commitment to upholding the rule of law, stating:

“Nigeria’s democracy must be safeguarded, and unconstitutional actions must not be allowed to stand.”