The Nigerian Bar Association (NBA) has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it an unconstitutional power grab. In a statement released on Wednesday, March 19, 2025, NBA President Mazi Afam Osigwe insisted that Tinubu lacks the legal authority to suspend Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly.
Citing Section 305 of the 1999 Constitution, Osigwe acknowledged that the President has the power to declare a state of emergency but stressed that strict conditions must be met. “A declaration of emergency does not dissolve or suspend an elected government. The President does not have the constitutional power to remove a sitting governor under this pretext,” he stated.
The legal body further argued that political disagreements and executive-legislative conflicts do not justify emergency rule. “The Constitution outlines clear conditions for emergency declarations, including war, invasion, or a total breakdown of public order. Rivers State does not meet this threshold,” the NBA emphasized.
Calling on the National Assembly to reject Tinubu’s move, the NBA described the suspension of elected officials as an “unlawful usurpation of power” and warned that it could set a dangerous precedent for Nigeria’s democracy. The association urged all democratic institutions to resist any attempt to legitimize the removal of Governor Fubara and his government.
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