The Nigerian Bar Association (NBA) has criticised President Bola Tinubu’s declaration of a state of emergency and removal of Governor Siminalayi Fubara of Rivers State.
In a statement on Tuesday, NBA President, Mazi Afam Osigwe (SAN) said the President does not have the constitutional power to remove an elected governor under a state of emergency.
“Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments,” he said.
NBA therefore urged the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials.
“The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.”
NBA 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 association also demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms while encouraging all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers to prevent unconstitutional governance and abuse of power.
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Yes, the President of Nigeria has the power to declare a state of emergency in any state of the country, but this power is subject to constitutional provisions and legal procedures.
Legal Basis:
1. Section 305 of the 1999 Constitution of Nigeria (as amended) explicitly provides the President with the authority to declare a state of emergency under specific conditions.
2. The President must seek approval from the National Assembly (Senate and House of Representatives) within two days (if the legislature is in session) or ten days (if not in session).
Grounds for Declaration:
The President can declare a state of emergency if:
War or invasion is imminent or ongoing.
The country faces a breakdown of public order and safety beyond the capacity of the state government.
A natural disaster or public health crisis threatens lives and security.
The state government is unable to function due to instability or governance failure.
Presidential Orders & Precedents:
Past Presidents have declared states of emergency in states like Plateau (2004), Ekiti (2006), and Adamawa, Borno, Yobe (2013) due to security crises.
In some cases, governors have been suspended, but in others, they remained in office.
In summary, the President has the power, but it requires National Assembly approval to remain legally valid.