The declaration, announced on 18th March 2025, cited “prevailing political tension” and the “vandalisation of pipelines” as justification.
The Nigerian Bar Association (NBA) has raised serious concerns over President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing it as an unconstitutional overreach that threatens Nigeria’s democratic fabric.
The declaration, announced on 18th March 2025, cited “prevailing political tension” and the “vandalisation of pipelines” as justification.
However, the NBA has questioned the legality of the move, particularly the suspension of the Rivers State Governor, Deputy Governor, and members of the State House of Assembly for six months.
In a statement released on Tuesday, NBA President Mazi Afam Osigwe, SAN, asked the National Assembly not to ratify the president's decision for the sake of democracy.
The NBA said 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.
Osigwe noted that 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.
The association has called on the National Assembly to reject any attempt to ratify the removal of the Rivers State officials, urging lawmakers to base their decisions strictly on constitutional grounds rather than political expediency.
The NBA has urged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent further unconstitutional actions.
The statement read, "In light of the foregoing, the Nigerian Bar Association: Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
"Calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
"Warns that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
"Demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
"Encourages all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power."
The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria.
According to Osigwe, a state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.
"We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances," he added.