President Tinubu Lacks Powers To Suspend A Governor, Deputy, Members Of Assembly – NBA
The Nigerian Bar Association (NBA), has expressed grave concerns about the purported suspension of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months by President Bola Ahmed Tinubu.
The NBA specifically said that 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.
The Nigerian Bar also declared that a declaration of emergency does not automatically dissolve or suspend elected state governments, stressing that the Constitution does not empower the President to unilaterally remove or replace elected officials, adding that such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.
It explained that rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188 adding that 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.
These were contained in a statement by Mazi Afam Osigwe, SAN, President, Nigerian Bar Association, saying that it has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation today, 18th March 2025.
The NBA noted that the declaration according to the President was due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today:”
The Bar stressed that the development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.
According to the NBA; “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 firmly asserted that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.
It stated that; “For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:
- War or external aggression against Nigeria.
- Imminent danger of invasion or war
- A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
- A clear danger to Nigeria’s existence.
- Occurrence of any disaster or natural calamity affecting a state or a part of it.
- Such other public danger that constitutes a threat to the Federation”.
The NBA therefore questioned whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration?
It said that political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule, adding that such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
The NBA therefore described the purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly as unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.
It also said; “Furthermore, subsection (2) of Section 305 provides 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.”
“These provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect,” it said.
The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.
In light of the foregoing, the Nigerian Bar Association affirmed that the President does not have the constitutional power to remove an elected governor under a state of emergency.
It expressly declared that any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
Accordingly, the NBA called on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials, emphasising that any approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
It warned 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 NBA demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms thus, encouraged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.
The NBA averred that it remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria.
It stressed that a state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits, saying that the removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.
“We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the NBA stated.
