In a recent development, the Nigerian Bar Association (NBA) has vehemently opposed the state of emergency declared by President Bola Tinubu in Rivers State. The association labeled the move as "unconstitutional," cautioning that it establishes a perilous precedent for Nigeria's democratic framework. This statement was released on Tuesday, bearing the signature of the NBA President, Afam Osigwe, SAN. The NBA contends that the President lacks the constitutional mandate to oust elected state officials, even in a state of emergency.
The NBA highlighted that the 1999 Constitution does not endow the President with the authority to dismiss an elected governor, deputy governor, or state legislators during such an emergency. According to the association, the Constitution delineates explicit procedures for the removal of these officials, specifically under Section 188 for governors and deputy governors, alongside electoral laws governing the dissolution of state legislatures.
While Section 305 of the Constitution permits the President to declare a state of emergency, the NBA insists that such actions must conform to stringent conditions and procedural safeguards to avert violations of democratic governance and human rights. The association questioned whether the political turmoil in Rivers State meets the constitutional criteria for an emergency, challenging the notion that public order has sufficiently deteriorated.
Furthermore, the NBA highlighted that any emergency declaration must receive ratification from the National Assembly within a designated period. As per Section 305(2) of the Constitution, the proclamation would become ineffective unless sanctioned by the National Assembly within two days when in session or within ten days upon reconvening if not in session.
The association emphasized that declaring an emergency does not automatically dissolve or suspend elected state governments. Without the necessary approval from the National Assembly, the emergency declaration in Rivers State remains constitutionally incomplete and ineffective.
The NBA urged the National Assembly to reject any unconstitutional efforts to legitimize the removal of the Rivers State Governor and other elected officials. It warned that suspending elected officials under the pretext of emergency rule poses a grave threat to Nigeria's democracy and could be exploited to unseat duly elected governments in the future.
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In a recent development, the Nigerian Bar Association (NBA) has vehemently opposed the state of emergency declared by President Bola Tinubu in Rivers State. The association labeled the move as "unconstitutional," cautioning that it establishes a perilous precedent for Nigeria's democratic framework. This statement was released on Tuesday, bearing the signature of the NBA President, Afam Osigwe, SAN. The NBA contends that the President lacks the constitutional mandate to oust elected state officials, even in a state of emergency.
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