The Nigerian Bar Association (NBA) has added its voice to the condemnation of the suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all the members of the House of Assembly by President Bola Tinubu following his declaration of state of emergency in Rivers State on Tuesday.
The NBA insisted that the President lacks the constitutional power to remove the elected officials under the guise of emergency rule.
In a statement released by its President, Afam Osigwe, the NBA argued that such action does not meet the constitutional threshold for suspending an elected government.
The NBA pointed to Section 305 of the 1999 Constitution, which governs the procedure for declaring a state of emergency, adding that while this section grants the President emergency powers, it does not allow for the removal or suspension of elected officials.
The statement added that the only constitutional method for removing a governor or deputy governor is through impeachment as outlined in Section 188.
The Association also asked the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State elected officials.
The NBA also highlighted that Tinubu’s emergency declaration requires approval from the National Assembly within two days if in session, or ten days if not. Until such approval is granted, the declaration remains legally ineffective.
The Association, through its statement, further warned that suspending elected officials under emergency rule could be potentially misused to unseat elected governments in the future.
The NBA raised questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order, which warranted the removal of the governor and his administration.
