The Nigerian Bar Association (NBA) has condemned the suspension of River State Governor Siminalayi and other elected officials of the state under President Bola Tinubu’s declaration of a state of emergency in the state.
The body of Nigerian lawyers described the suspension of the elected state officials for six months as unconstitutional and an assault on democracy.
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In a statement on Tuesday, NBA President Afam Osigwe said the move violates Section 305 of the Nigerian constitution, which outlines strict conditions for emergency rule.
Mr Osigwe, a Senior Advocate of Nigeria (SAN) said Section 305 grants the president the power to declare a state of emergency but with procedural safeguards to prevent abuses.
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“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. Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure, ” he said.
The NBA also questioned whether the political crisis in Rivers State met the constitutional threshold for emergency rule.
He noted that political disagreements and legislative conflicts should be resolved through legal means, not executive intervention.
Mr Osigwe further cited Section 305(2), which requires the National Assembly’s approval for the emergency rule to take effect, warning that without this approval, President Tinubu’s declaration remains “constitutionally inchoate and ineffective.”
The NBA, therefore, called on the National Assembly to reject the suspension of elected officials, warning that it sets a dangerous precedent.
It also urged stakeholders, including the judiciary, civil society, and the international community, to monitor the situation closely.
Tinubu declares emergency, suspends Fubara
President Tinubu, in a nationwide address on Tuesday, announced the state of emergency, citing prolonged political turmoil between Governor Fubara and his predecessor, Nyesom Wike, now Minister of the Federal Capital Territory.
He accused Mr Fubara of refusing to implement a Supreme Court ruling that reinstated 27 pro-Wike lawmakers and of failing to rebuild the Rivers State House of Assembly complex, which was demolished in December 2023.
President Tinubu also alleged that militants linked to Mr Fubara had vandalised pipelines.
“Some militants had threatened fire and brimstone against perceived enemies of the governor, who has up till now NOT disowned them,” President Tinubu said.
Tinubu silent on Wike’s role
Despite Mr Wike’s central role in the crisis, President Tinubu did not mention him in his address. Instead, he framed the conflict as a failure on Mr Fubara’s part.
The Pan Niger Delta Forum (PANDEF), a regional pressure group, recently accused Mr Wike of obstructing its peace efforts, stating that he had rebuffed multiple attempts at dialogue.
PANDEF chairperson Godknows Igali said: “While the Governor of Rivers State, Sir Siminalayi Fubara, has demonstrated a willingness to engage with this committee, the Honourable Minister has consistently rebuffed all attempts.”
Rivers government rejects Suspension
The Rivers State government also criticised President Tinubu for removing Mr Fubara while sparing Mr Wike.
In an official response on Tuesday, Rivers State Commissioner for Information, Warisenibo Johnson, described the emergency declaration as unjust and politically motivated.
“At every turn, members of the Rivers State House of Assembly, led by the Minister of FCT, frustrated our efforts. That is why it is shocking that Mr President sacked the governor and left his minister, who is the principal actor,” he said.
READ ALSO:You don’t have power to remove Fubara under state of emergency, NBA tells Tinubu
Mr Johnson insisted that Mr Fubara had complied with the Supreme Court ruling and had prioritised governance despite the crisis.
He urged Rivers residents to remain peaceful and law-abiding.
The NBA has vowed to challenge the president’s decision, warning that it undermines Nigeria’s democracy and sets a troubling precedent for future political conflicts.
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