• NBA
• Rivers Crisis
• Suspension

NIGERIAN BAR ASSOCIATION CONDEMNS STATE OF EMERGENCY IN RIVERS STATE

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  CapitalTimesNews / 3 weeks
• 0
• 2 min read

The Nigerian Bar Association (NBA) has condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing it as “unconstitutional” and “a dangerous affront to our nation’s democracy.” In a statement, the NBA expressed grave concerns about the purported suspension of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months. President of the NBA, Mazi Afam Osigwe, SAN, stated that the 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. “The Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances,” Mazi Afam Osigwe, SAN, said. Mazi Osigwe emphasized that a declaration of emergency does not automatically dissolve or suspend elected state governments. “The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” he added. The NBA questioned whether 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,” Mazi Osigwe said. The NBA called on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. “The approval of a state of emergency must be based on strict constitutional grounds, not political expediency,” Mazi Osigwe emphasized.