The Nigerian Bar Association (NBA) said President Bola Tinubu lacks the constitutional power to remove Governor Siminalayi Fubara under the pretext of declaring a state of emergency.
Mr Tinubu, in a Tuesday night broadcast, declared a state of emergency in Rivers State, suspending Mr Fubara, his deputy, Ngozi Odu, and the State Assembly for an “initial period of six months.”
In making the proclamation, the president said his action was in line with section 305(5) of the 1999 Constitution as amended.
“It has become inevitably compelling for me to invoke the provision of Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers State with effect from today, 18 March 2025 and I so do,” Mr Tinubu said in a broadcast to the nation.
He relied on the prolonged political feud between Messrs Fubara and the FCT Minister, Nyesom Wike, and the explosion that rocked the Trans-Niger oil pipeline, which transports the country’s crude oil from Rivers and Bayelsa states to the international terminal, as the reason for his action.
Citing the same section of the constitution, the NBA said it only allows the president to declare a state of emergency; it does not empower Mr Tiinubu to suspend or remove democratically elected officials.
This is contained in a statement dated 18 March and posted on the official Facebook page of the NBA President, Afam Osigwe.
“Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.
“The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
“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. Rather, 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.”
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