NBA to Tinubu: You Cannot Sack Elected Governors, Rivers Crisis Declaration ‘Invalid’
The Nigerian Bar Association (NBA) has rejected President Bola Tinubu’s declaration of a state of emergency in Rivers State, stating that he lacks the power to remove an elected governor.
In a firm statement on Tuesday night, NBA President Mazi Afam Osigwe, SAN, described the President’s action as “constitutionally inchoate and ineffective” without National Assembly approval. He warned that Tinubu’s decision violates democratic principles, citing Section 305 of the 1999 Constitution, which outlines the legal process for emergency declarations.
NBA: Tinubu Lacks Power to Remove Governors Under Emergency Rule
While the Constitution allows the President to declare a state of emergency, the NBA insisted that it does not grant him authority to remove elected officials.
“The 1999 Constitution does not empower the President to remove a governor, deputy governor, or state lawmakers under emergency rule,” Osigwe stated.
He emphasized that Section 188 of the Constitution provides a clear procedure for removing a governor or deputy governor. Tinubu’s move, he argued, disregards these legal provisions.
The NBA also dismissed claims that an emergency declaration dissolves a state government.
“The Constitution does not allow the President to replace elected officials. Any such action is an unconstitutional power grab that threatens Nigeria’s federal structure,” the statement read.
‘A Dangerous Precedent’—NBA Urges NASS to Resist Unlawful Moves
The NBA argued that the political crisis in Rivers State does not justify removing elected officials. It described the reported removal of Governor Siminalayi Fubara, his deputy, and state lawmakers as “unconstitutional, unlawful, and a direct assault on democracy.”
The association urged the National Assembly to block any unconstitutional attempt to validate these actions.
“A state of emergency should be declared only for valid constitutional reasons, not political convenience.”
The NBA warned that suspending elected officials under emergency rule creates a dangerous precedent that could threaten democracy.
NBA: ‘Nigeria’s Democracy Must Be Protected’
The NBA reaffirmed its commitment to protecting democracy and constitutional order. It called on the judiciary, civil society, and international observers to monitor developments in Rivers State closely.
“A state of emergency is an extreme measure that must follow constitutional guidelines. Removing elected officials under this pretext is illegal and unacceptable.”
The NBA’s statement sends a strong message to Tinubu’s administration. Nigeria’s democracy cannot be undermined by executive overreach. All eyes are now on the National Assembly’s next move.
