The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has criticized President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara and members of the State House of Assembly. He called the move “unconstitutional” and deeply troubling.
In a statement released on Tuesday night, Osigwe explained the legal and democratic concerns surrounding the state of emergency declared in Rivers State. He referred to Section 305 of the 1999 Constitution (as amended), which sets out the rules for declaring a state of emergency, and argued that Tinubu’s actions did not follow these rules.
While Osigwe acknowledged that the Constitution gives the President the power to declare a state of emergency, he emphasized that this power comes with strict conditions and safeguards to protect democratic governance and people’s rights. He noted that the 1999 Constitution does not allow the President to remove an elected governor, deputy governor, or state lawmakers simply by declaring a state of emergency.
“The Constitution clearly explains how to remove a governor and deputy governor in Section 188, and it seems none of these steps were followed in this case,” Osigwe said.
He further emphasized that declaring a state of emergency does not automatically dissolve or suspend a duly elected state government. The NBA president also cited subsection (2) of Section 305, which stipulates that:
• A proclamation of emergency ceases to be valid if not approved by the National Assembly within two days when in session.
• If the National Assembly is not in session, the approval must come within ten days after reconvening.
Osigwe firmly stated that although Rivers State is facing political tensions, the situation does not meet the constitutional requirements for removing elected officials. He dismissed the claim that the crisis had reached a level of complete lawlessness that would justify such extreme measures.
