The Nigerian Bar Association (NBA) has issued a strong condemnation of President Bola Tinubu’s recent declaration of a state of emergency in Rivers State, which led to the suspension of Governor Siminalayi Fubara, his deputy, and the state’s House of Assembly members. The NBA asserts that these actions are unconstitutional and calls for the immediate restoration of the democratically elected officials.
On March 18, 2025, President Tinubu announced the state of emergency, citing escalating political tensions and incidents of pipeline vandalism in the oil-rich region. He appointed retired Vice Admiral Ibok-Ete Ibas as the state’s sole administrator for an initial period of six months.
In response, NBA President Afam Osigwe stated that the removal of elected officials under the guise of emergency rule lacks constitutional backing. He emphasized that while Section 305 of the Nigerian Constitution permits the declaration of a state of emergency, it does not authorize the suspension or removal of elected governors or state legislators.
Osigwe further criticized the appointment of a sole administrator, highlighting that the constitution does not recognize such a position. He urged the National Assembly to reject the suspension of elected officials, warning that it sets a dangerous precedent for the nation’s democracy.
The NBA’s stance has ignited a broader debate on the limits of presidential powers during emergency situations and the sanctity of democratic institutions in Nigeria. Legal experts and civil society organizations are closely monitoring the developments, expressing concerns about potential erosions of democratic governance.
As tensions escalate, the NBA’s call underscores the urgent need for adherence to constitutional provisions and the protection of democratic processes in addressing the challenges facing Rivers State.
