The Nigerian Bar Association (NBA) has strongly criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, citing the unconstitutional removal of elected officials.
In a statement, NBA President Mazi Afam Osigwe emphasized that the President’s actions clearly breach Nigeria’s federal structure and democratic governance.
According to the NBA, declaring a state of emergency does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature.
The Constitution provides clear procedures for their removal, which have not been followed in this instance.
The NBA questioned whether the political crisis in Rivers State meets the constitutional threshold for declaring a state of emergency, highlighting that six specific conditions must be met, including:
- War or external aggression against Nigeria
- Imminent danger of invasion or war
- Breakdown of public order and safety
- Clear danger to Nigeria’s existence
- Occurrence of any disaster or natural calamity
- Public danger that constitutes a threat to the Federation
The NBA asserts that the situation in Rivers State, though politically tense, does not justify the removal of elected officials.
The association calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly.
Furthermore, the NBA emphasizes that a state of emergency declared by the President requires legislative ratification within a defined timeframe to remain in effect. Unless approved by the National Assembly, the declaration remains constitutionally ineffective.
In conclusion, the NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring the rule of law prevails in Nigeria.
The association urges all stakeholders to closely monitor the situation in Rivers State and prevent unconstitutional governance and abuse of power.¹
Nigerian Bar Association Condemns Declaration Of State Of Emergency In Rivers is first published on The Whistler Newspaper
Source: The Whistler
