The Nigerian Bar Association (NBA) has told President Bola Tinubu that he lacks the constitutional powers to remove any elected governor of a state in Nigeria.

Besides, the umbrella body for legal practitioners in the country held that Tinubu’s Tuesday night declaration of a state of emergency in Rivers State “remains constitutionally inchoate and ineffective” until the National Assembly approves the declaration.

In a statement issued to journalists on Tuesday night, the NBA President, Mazi Afam Osigwe, SAN, observed that the action of Mr. President has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution, which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.

While stating that Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, Osigwe argued that “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.”

Besides, the NBA President observed that “the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and the dissolution of parliament are governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.”

The NBA further submitted that “A declaration of emergency does not automatically dissolve or suspend elected state governments. 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.”

The NBA, in addition, asserted that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials, adding that “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.”

While reiterating that the President does not have the constitutional power to remove an elected governor under a state of emergency, the body stated that any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.

The NBA therefore 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.”

Besides, it warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.

Meanwhile, the NBA demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.

It also encouraged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.

“The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring 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.

“We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the statement added.

The National Assembly has confirmed that President Bola Ahmed Tinubu consulted the legislature before considering the declaration of a state of emergency in Rivers State amid the ongoing political crisis in the state.

Spokesperson of the House of Representatives, Hon. Akin Rotimi, in a statement, said that the National Assembly was duly consulted by the President.

Rotimi said that the leadership of the National Assembly, including the President of the Senate, Senator Godswill Akpabio; the Speaker of the House, Abbas Tajudeen; the Deputy Speaker, Benjamin Kalu; the Senate Leader, Senator Michael Bamidele; and the House Leader, Rep. Prof. Julius Ihonvbere, met with the President and the National Security Adviser, Nuhu Ribadu, ahead of the broadcast.

“In response to multiple inquiries, I can confirm that the National Assembly was duly consulted by His Excellency, President Bola Ahmed Tinubu, GCFR, in reaching this decision.

“The leadership of the National Assembly, including the President of the Senate, Senator Godswill Akpabio; the Speaker of the House of Representatives, Hon. Abbas Tajudeen; the Deputy Speaker, Hon. Benjamin Okezie Kalu; the Senate Leader, Senator Michael Opeyemi Bamidele; and the House Leader, Rep. Prof. Julius Ihonvbere, met with the President and the National Security Adviser, Malam Nuhu Ribadu, ahead of the broadcast.

“Also in attendance were key security officials, including the Inspector-General of Police, Kayode Egbetokun; the Director-General of the State Security Service (SSS), Adeola Ajayi; and the Director-General of the National Intelligence Agency (NIA), Mohammed Mohammed.

“During this meeting, they were fully briefed on Mr. President’s intentions, and all present unanimously expressed their support.

“Furthermore, Mr. President’s formal letter, informing the House of Representatives of his decision and seeking approval in line with Section 305 of the Constitution, has been transmitted and will be read during plenary tomorrow, Wednesday, March 19, 2025, and further legislative action debated and decided,” he said.

Hours after President Bola Tinubu declared a state of emergency in Rivers State, the military has taken control of the state Government House in Port Harcourt, as an Armoured Personnel Carrier (APC) was seen stationed at the entrance of the Government House along Azikiwe Road.

The military intervention took place around 9 p.m. on Tuesday. It is not clear if Governor Siminalayi Fubara was inside the residence when the troops arrived. The state has been dealing with political unrest for several months due to a feud between Governor Fubara and his predecessor, Nyesom Wike.

Tinubu, in a nationwide broadcast, declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the state House of Assembly.

Tinubu stated that the suspension would last for six months, during which time Vice Admiral Ibokette Ibas (Rtd) would be appointed Administrator to oversee the state’s affairs.

“A government cannot be said to exist without one of the three arms that make up the government of a state under the 1999 Constitution as amended. In this case, the head of the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot. As it is, there is no government in Rivers State,” Tinubu stated.

The announcement has, however, reportedly triggered concerns among residents of Port Harcourt, who rushed home due to fears of potential unrest as people anxiously await further developments.

In response to the President’s declaration, Fubara has issued a statement urging calm among the people of Rivers State, noting that he will “engage with all relevant institutions to ensure that our democracy remains strong.”

He also accused lawmakers loyal to Wike of obstructing his efforts to implement a Supreme Court ruling, saying, “Unfortunately, at every turn, members of the Rivers State House of Assembly frustrated our efforts, thus making genuine peace and progress challenging.”

Fubara’s statement read in part: “Our priorities remained the security of lives and property and advancing the well-being and prosperity of Rivers people.

“Yes, we have political disagreements, but good governance had continued, salaries have been paid, and great projects were being executed to move the State forward. Above all, Rivers State is safe, secure, and peaceful under our watch.

“At this critical time, I urge all Rivers people to remain peaceful and law-abiding. We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive. We have always been resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process.”

Reaction trails declaration

Meanwhile, criticisms have trailed the president’s declaration of state of emergency in Rivers State with Pan Niger Delta Forum (PANDEF), Ijaw National Congress (INC), and a former vice president of the country, Atiku Abubakar all slamming Tinubu for the decision.

The PANDEF strongly criticized the state of emergency declared in Rivers State by Tinubu in response to the ongoing political crisis.

PANDEF’s National Spokesman, Dr. Obiuwevbi Christopher Ominimini, expressed the group’s deep concern over the declaration, stating: “PANDEF is seriously alarmed by the state of emergency declared in Rivers State due to a crisis that is ordinarily avoidable.”

The South-South apex body said it is currently assessing the situation and will soon release its official position on the matter.

Similarly, the INC has described the declaration as shocking, suggesting that President Tinubu’s actions indicate his alignment with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, in the state’s political crisis.

INC spokesperson Ezonebi Oyakemeagbegha condemned the move, stating: “It is very sad that the President will choose an individual over the entire state.”

He further referenced past instances of perceived injustice against Ijaw leaders, warning that this decision could have widespread consequences.

“We are watching the scripts. It is not a threat, but it will not go well with everybody.”

Rivers State Commissioner for Information and Communications, Joseph Johnson, said he learned of the declaration through the media, just like other citizens.

Political analyst Ignatius Chukwu also questioned the suspension of Governor Siminalayi Fubara, stating: “The political fight was between Governor Fubara and the Minister of FCT. Why was only the governor suspended?”

Meanwhile, eyewitnesses reported the arrival of heavy military vehicles at the Government House, with security forces mounting a presence within the premises.

Hasty and Wrong

Elder statesman Chief Chekwas Okorie faulted Tinubu’s decision, describing it as premature and unnecessary.

He argued that the crisis had not escalated to the extent that warranted emergency rule, stating: “The issue of state of emergency is an extreme action of government where the matter is getting out of hand. I do not think the political solution to it has been exhausted.”

Okorie further claimed that the decision appeared biased in favour of Wike: “It is difficult to convince anyone that this action is not targeted at the people of Rivers State while favoring the Minister of FCT.”

He also warned of political consequences: “This is a democratic government, and there will be political consequences for this wrong action.”

Political Manipulation
Former Vice President Atiku Abubakar has also condemned the declaration, describing it as an act of “political manipulation and outright bad faith.”

Atiku accused Tinubu of failing to prevent the crisis, stating: “His blatant refusal or calculated negligence in preventing this escalation is nothing short of disgraceful.”

He also criticized the security breaches leading to the destruction of infrastructure in Rivers State, asserting: “If federal infrastructure in Rivers has been compromised, the President bears full responsibility.”

Atiku further argued that Tinubu’s decision was reversing the peace achieved in the Niger Delta, stating: “His administration has thrown the region back into an era of violent unrest and instability.”

The former Vice President called on Nigerians to reject what he described as a “political scheme,” insisting that Rivers State should not be used for partisan interests.