ABUJA, Nigeria — The Nigerian Bar Association, NBA, has called on the National Assembly to reject President Bola Tinubu’s suspension of Rivers State Governor Siminalayi Fubara, describing the action as unconstitutional and a “dangerous affront” to Nigeria’s democracy.
In a statement issued on Wednesday, March 19, 2025, NBA President Afam Osigwe expressed grave concern over the declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Fubara, his deputy, and members of the state House of Assembly.
“The NBA is gravely concerned by the declaration of a state of emergency in Rivers State and the suspension of elected officials. Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” Osigwe said.
He emphasised that the 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state legislature under the guise of a state of emergency.
“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,” Osigwe stated.
The NBA questioned whether the political crisis in Rivers State had reached the level of a complete breakdown of law and order warranting the removal of the governor and his administration.
“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat,” the statement added.
The NBA warned that suspending elected officials under emergency rule could set a dangerous precedent, potentially leading to the misuse of such powers to unseat elected governments in the future.
“The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials,” Osigwe said.
The association urged the National Assembly to uphold the rule of law and reject any unconstitutional attempts to ratify the suspension of Governor Fubara and other elected officials.
President Tinubu’s declaration of a state of emergency in Rivers State on Tuesday, March 18, 2025, followed escalating tensions between Governor Fubara and the state legislature.
The suspension of the governor, his deputy, and state lawmakers has sparked widespread debate, with many stakeholders expressing concerns about the implications for democracy and governance in Nigeria.
The NBA’s intervention highlights the legal and constitutional issues surrounding the President’s actions, emphasising the need for adherence to due process and the rule of law.
As the situation unfolds, the National Assembly’s response will be critical in determining the future of governance in Rivers State.
The association also called on all parties to prioritise peace and dialogue in resolving the political crisis, urging the federal and state governments to work together to restore stability and uphold democratic principles.
