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State of Emergency: You acted illegally, unconstitutionally, NBA President—Osigwe blasts Tinubu
The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has lambasted President Bola Ahmed Tinubu over the declaration of a state of emergency in Rivers State.
This was contained in a press release issued on Tuesday following the declaration of a state of emergency in the state by President Tinubu 0n March 18, 2025.
The statement was entitled “State of Emergency in Rivers: “Suspension” or otherwise summary removal of a democratically elected governor and other elected officials is unconstitutional”
Reacting to the development, Mazi Osigwe noted that “the Constitution… stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights”, despite vesting such power on the president.
He stated: “This declaration according to the President is due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today”.
“This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.
“Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.”
Osigwe expressed grave concerns about the purported suspension of the Rivers State Governor, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
He stated further: “The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency.
“Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section.
“Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.”
The NBA President emphasised that a declaration of emergency does not automatically dissolve or suspend elected state governments.
According to him, the Constitution does not empower the President to unilaterally remove or replace elected officials.
“Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” he said.
NBA firmly asserted that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.
Osigwe noted that for a state of emergency to be declared, Section 305(3) of the Constitution outlined specific conditions, including:
- War or external aggression against Nigeria.
- Imminent danger of invasion or war.
- A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
- A clear danger to Nigeria’s existence.
- Occurrence of any disaster or natural calamity affecting a state or a part of it.
- Such other public danger that constitutes a threat to the Federation.
He also questioned whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration.
“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule.
“Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat,” Osigwe fumed.
He, therefore, adjudged the purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly as “unconstitutional, unlawful, and a dangerous affront to our nation’s democracy”.
He further cited subsection (2) of Section 305, which rendered null and void Tinubu’s proclamation.
The referenced part of the Constitution provides that:
“A Proclamation issued by the President under this section shall cease to have effect—
(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or
(b) if the National Assembly is not in session, within ten days after it reconvenes.”
These provisions, Osigwe noted, provide that a state of emergency as declared by Tinubu does not assume automatic validity.
He pointed out that it requires legislative ratification within a defined timeframe to remain in effect.
The NBA boss, therefore, emphasized that “unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective”.
He affirmed that the president does not have the constitutional power to remove an elected governor under a state of emergency.
Osigwe warned that such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
He called on 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,” he insisted.
“Suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future,” he added.
He demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
He enjoined all stakeholders, judiciary, civil society, and the international community, inclusive, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.
Osigwe pledged NBA’s committed to uphold the Constitution, defend democratic governance, and ensure that the rule of law prevails in Nigeria.
“A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits.
“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” he stressed.
Finally, he called on relevant authorities to act in accordance with the law and the best interest of the country, insisting that democracy must be protected at all costs, and Constitution upheld as the supreme legal authority in all circumstances.
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