President Bola Tinubu’s proclamation of a state of emergency and the dismissal of Rivers State Governor Siminalayi Fubara have drawn criticism from the Nigerian Bar Association (NBA).
Mazi Afam Osigwe (SAN), the president of the NBA, stated in a statement on Tuesday that the president is not authorized by the constitution to remove an elected governor during a state of emergency.
“Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments,” he said.
Therefore, NBA urged the National Assembly to deny any attempt to ratify the removal of the governor of Rivers State and other elected officials, as this would be unconstitutional.
“The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.”
The NBA issued a warning, stating that suspending elected officials under the emergency rule sets a dangerous precedent that could be exploited to topple future elected governments and jeopardize democracy.
The association also urged all parties involved, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State and make sure that all actions strictly adhere to Nigeria’s democratic norms and constitutional provisions in order to prevent unconstitutional governance and the abuse of power.
