By Ayomide Otitoju
The Nigerian Bar Association (NBA) has strongly condemned the suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the State House of Assembly by President Bola Tinubu following the declaration of a state of emergency in the state.
In a statement on Wednesday, NBA President Afam Osigwe argued that the President lacks the constitutional authority to suspend elected officials under the guise of emergency rule. The association maintained that such action does not meet the constitutional requirements for the removal of an elected government.
Citing Section 305 of the 1999 Constitution, the NBA noted that while the provision grants the President the power to declare a state of emergency, it does not confer the authority to remove or suspend elected officials. The association emphasized that the only legal process for removing a governor or deputy governor is through impeachment, as outlined in Section 188 of the Constitution.
The NBA also urged the National Assembly to reject any unconstitutional attempt to ratify the removal of Rivers State’s elected officials. It further highlighted that Tinubu’s emergency declaration requires parliamentary approval within two days if the legislature is in session, or within ten days if it is not. Until such approval is obtained, the emergency declaration remains legally ineffective.
The association warned that suspending elected officials under emergency rule sets a dangerous precedent that could be exploited to unlawfully remove governments in the future. The NBA also questioned whether the political crisis in Rivers State had escalated to the point of a complete breakdown of law and order, warranting the removal of the governor and his administration.
