posted 19th March 2025
Nigerian Bar Association Declares State of Emergency in Rivers State Unconstitutional
Abuja, 19 March 2025– The Nigerian Bar Association (NBA) has issued a strongly worded statement condemning the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, labelling it as unconstitutional and a breach of democratic governance. The NBA's position, articulated in a press release dated 18 March 2025, comes in response to the President’s decision to suspend the elected governor and other officials in Rivers State, a move the association argues violates the 1999 Constitution of Nigeria.
The NBA, led by its President, Mazi Afam Osigwe, SAN, highlighted that the declaration of a state of emergency, which was announced on 18 March 2025, did not meet the constitutional requirements outlined in Section 305 of the 1999 Constitution. According to the NBA, a state of emergency can only be declared under specific conditions, such as during a war, external aggression, breakdown of public order, or a natural calamity that threatens the state or nation. The association argued that the political crisis in Rivers State, stemming from tensions between the President and the state’s leadership, does not constitute a valid ground for such a declaration.
“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the NBA stated. The association further noted that Section 305(3) of the Constitution requires that any proclamation of a state of emergency by the President must be approved by a resolution of the National Assembly within two days if the Assembly is in session, or within ten days if it is not. The NBA pointed out that the National Assembly has not been in session, and no such resolution has been passed, rendering the President’s action legally void.
The NBA also expressed concern over the broader implications of the President’s decision, warning that it sets a dangerous precedent for the misuse of power by elected officials. “A declaration of emergency does not automatically dissolve or suspend constitutional provisions, including the judiciary, rather than executive mechanisms,” the statement read. The association called on all relevant authorities to act in accordance with the law and the best interests of Nigeria’s democracy, urging the National Assembly to reject the declaration and for the removal of the state governor and other elected officials to be based on strict constitutional grounds.
The political crisis in Rivers State has been marked by escalating tensions between the state government and the federal authorities, with reports of legislative conflicts and executive overreach. The NBA’s statement underscores the need for adherence to constitutional limits, particularly in a country with a history of political instability. “The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable,” the NBA reiterated, calling for the protection of democratic governance and the rule of law.
The association also urged stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State and defend the Constitution. “Nigeria’s democracy must be protected at all times, and the best interest of the country must be upheld as the supreme legal authority in all circumstances,” the NBA concluded.
As the situation in Rivers State continues to unfold, the NBA’s stance has sparked widespread debate, with many calling for a resolution that upholds the principles of democracy and the rule of law in Nigeria.
