BREAKING: NBA Rejects Fubara's Removal, Declares Rivers Emergency Rule Unconstitutional
Afnews Editor
Mar 19, 2025
The NBA has strongly opposed the state of emergency declared in Rivers State, calling Governor Fubara's removal unconstitutional. The legal body warns that Tinubu's decision is an attack on democracy and must be reversed. Read full details.
The Nigerian Bar Association (NBA) has strongly condemned the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, describing the removal of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly members as "unconstitutional, unlawful, and a dangerous precedent.ÔÇØ
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President Tinubu, in a national address on March 18, 2025, announced the emergency rule, citing political tensions and the vandalization of oil pipelines. However, the NBA argues that the move is an outright violation of the 1999 Constitution, which does not grant the President powers to remove elected officials under the guise of emergency rule.
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NBA Slams President Tinubu's Move, Calls It a "Breach of DemocracyÔÇØ
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In a scathing statement issued by NBA President, Mazi Afam Osigwe (SAN), the legal body emphasized that Section 305 of the Constitution, which governs emergency declarations, does not provide for the suspension or removal of a sitting governor, deputy governor, or legislators. The NBA warned that the President's action represents an unconstitutional overreach that undermines Nigeria's democracy.
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"The 1999 Constitution does not empower the President to unilaterally remove or suspend elected state officials, even under a state of emergency. Such a move is a flagrant violation of democratic principles and an assault on the rule of law,ÔÇØ the statement read.
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State of Emergency: Does Rivers Meet Constitutional Requirements?
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The NBA further questioned whether the situation in Rivers State meets the constitutional threshold for a state of emergency. According to Section 305(3) of the Constitution, a state of emergency can only be declared under extreme conditions such as:
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War or external aggression against Nigeria.
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2. Imminent danger of invasion.
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3. A total breakdown of public order making governance impossible.
4. A natural disaster or calamity.
. Any other extreme public danger threatening national security.
The NBA maintained that political disagreements and legislative conflicts do not justify emergency rule, arguing that the crisis in Rivers State could have been handled through constitutional means rather than executive fiat.
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Tinubu's Emergency Rule Faces Legal Challenge
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Citing Section 188 of the Constitution, the NBA reminded the federal government that governors can only be removed through impeachment by their state legislature-not by presidential declaration. Similarly, the removal of state lawmakers must follow due electoral and legislative procedures.
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Furthermore, the NBA warned that the emergency rule must be ratified by the National Assembly within two days to remain valid, as stipulated in Section 305(2) of the Constitution. If not approved, the proclamation will be null and void.
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NBA Calls on National Assembly to Reject Unconstitutional Removal
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The NBA urged the National Assembly to resist any unlawful attempt to legitimize the removal of Governor Fubara and his administration. It warned that allowing such an unconstitutional act could set a dangerous precedent for future political manipulation.
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"If this is allowed to stand, then any state governor could be removed under the pretext of emergency rule. This is a slippery slope that threatens Nigeria's democracy,ÔÇØ the statement added.
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The association further called on civil society, the judiciary, and the international community to monitor the situation closely and resist any unconstitutional overreach by the executive arm of government.
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— Afnews Editor