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President Tinubu Suspended Governor Fubara
By Newsmata
The Nigerian Bar Association has faulted the declaration of a state of emergency in Rivers State by President Bola Tinubu, describing the decision as “unconstitutional” and a dangerous precedent for Nigeria’s democracy.
In a statement issued on Tuesday signed by its President, Afam Osigwe, senior advocate of Nigeria, SAN, the association insisted that the President has no constitutional power to remove an elected governor, deputy governor, or state lawmakers under emergency rule.
Osigwe said, “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”.
The NBA noted that while Section 305 of the Constitution vests the President with the power to declare a state of emergency, it “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.”
Contending that the political crisis in Rivers State did not justify emergency rule, questioning whether it met the constitutional threshold of a complete breakdown of public order, the NBA insisted that “A declaration of emergency does not automatically dissolve or suspend elected state governments.
“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”.
The NBA President argued that even if a state of emergency was declared, it must be ratified by the National Assembly within a specified timeframe.
While it noted that “A proclamation issued by the President under this section shall cease to have effect—(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or (b) if the National Assembly is not in session, within ten days after it reconvenes,” the NBA, quoting Section 305(2) of the Constitution, said “unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.”
The NBA therefore called on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials, cautioning 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.
“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”.
Urging all stakeholders, including the judiciary, civil society, and the international community to closely monitor the situation in Rivers State, the NBA reaffirmed its commitment to upholding the Constitution and democratic governance.
In conclusion, the NBA asserted that “The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.
“Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”