The Nigerian Bar Association (NBA) has strongly opposed President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it an unconstitutional overreach that threatens Nigeria’s democracy.
The declaration, made on March 18, 2025, cited “prevailing political tension” and “pipeline vandalism” as reasons for the move. However, the NBA has questioned the legality of suspending Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly for six months.
In a statement on Tuesday, NBA President Mazi Afam Osigwe, SAN, urged the National Assembly not to ratify the president’s decision, warning that such actions violate the Constitution and undermine Nigeria’s federal structure.
NBA’s Stand on the Crisis
The NBA stated that the Constitution does not grant the President the power to unilaterally remove elected officials, and any such action is an unconstitutional usurpation of power.
Osigwe described the removal of Governor Fubara and other state officials as unlawful and a direct attack on Nigeria’s democracy. The association has called on lawmakers to reject any move to legitimize the president’s actions, insisting that all decisions must be grounded in constitutional provisions rather than political considerations.
The NBA also warned that suspending elected officials under emergency rule sets a dangerous precedent, which could be exploited to unseat other elected governments in the future.
Call for Constitutional Adherence
The NBA urged all stakeholders—including the judiciary, civil society, and the international community—to closely monitor the situation in Rivers State to prevent further unconstitutional governance and abuse of power.
Osigwe emphasized that a state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The NBA remains committed to defending democratic governance, ensuring the rule of law prevails, and protecting Nigeria’s democracy from executive overreach.
“We call on all relevant authorities to act in accordance with the law and in the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must remain the supreme legal authority,” Osigwe stated.
