Rivers Emergency Rule: NBA Condemns Fubara’s Suspension, Cites Breach of Constitutional Order

Reactions have continued to trail President Bola Tinubu’s suspension of Gov. Siminalayi Fubara and declaration of state of emergency in Rivers State.

In its reaction, the Nigerian Bar Association (NBA) faulted the declaration, describing the move as “unconstitutional and a dangerous precedent for Nigeria’s democracy.”

NBA insisted, in a statement issued on Tuesday and signed by its President, Mr. Afam Osigwe (SAN), that the President lacks constitutional power to remove elected governors, deputy governors, or state lawmakers under emergency rule.

The association said: “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.

“Rather, 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.”

According to the NBA, although Section 305 of the Constitution grants the President the authority to declare a state of emergency, “it stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.”

The lawyers’ association contended that the political crisis in Rivers State falls short of warranting emergency rule, raising concerns about whether the situation satisfies the constitutional requirement of a complete breakdown of public order.

“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,” it stated.

NBA further said that any declaration of a state of emergency must be ratified by the National Assembly within a stipulated timeframe, as mandated by law.

The statement quotes a Section 305(2) of the Constitution: “A proclamation issued by the President under this section shall cease to have effect—(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or (b) if the National Assembly is not in session, within ten days after it reconvenes.”

NBA emphasized that, “unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.”

The association urged the National Assembly to block any unconstitutional bids to legitimize the removal of Rivers State’s Governor and other elected officials, cautioning that such actions would set a perilous precedent.

It said: “Suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.

“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.”

NBA urged stakeholders, including the judiciary, civil society, and the international community, to closely monitor the Rivers State situation, reaffirming its commitment to upholding the Constitution and democratic governance.

“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.

“Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”

Persecondnews reported that President Tinubu has declared a state of emergency in Rivers State, a major oil-producing state in Nigeria’s South-South region, on Tuesday, March 18.

He also imposed a six-month suspension on Fubara, his deputy, and the state lawmakers, as part of measures to restore stability in the state.

He declared: “By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months.”

He appointed retired Vice Admiral Ibok-Ete Ibas as the administrator of Rivers State to oversee governance.