In a move that has sparked widespread legal controversy, the Nigerian Bar Association (NBA) has publicly stated that President Bola Tinubu lacks the constitutional authority to suspend Rivers State Governor Siminalayi Fubara and other state officials under the pretext of declaring a state of emergency. The NBA’s statement, released on the evening of March 18, 2025, strongly criticized the suspension, arguing that it violates the Constitution of the Federal Republic of Nigeria.
On the night of March 18, President Tinubu addressed the nation in a televised broadcast, declaring a state of emergency in Rivers State. In his speech, he cited the ongoing political rivalry between Governor Fubara and the Federal Capital Territory (FCT) Minister, Nyesom Wike, as well as an explosion at the Trans-Niger oil pipeline as reasons for his decision. The President stated that these issues had led to “grave concerns” about the stability and security of the state, prompting his invocation of the emergency powers under Section 305 of the 1999 Constitution.
“It has become inevitably compelling for me to invoke the provision of Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers State with effect from today, 18 March 2025 and I so do,” President Tinubu declared in his broadcast, citing the legal basis for the action. The state of emergency also resulted in the suspension of Governor Fubara, Deputy Governor Ngozi Odu, and the Rivers State House of Assembly for an initial period of six months.
However, the NBA has raised serious concerns about the legality of these measures, arguing that Section 305 of the Constitution only grants the President the authority to declare a state of emergency, not to remove or suspend democratically elected officials. According to the NBA, the President’s action is an overreach of power, with potential consequences for democratic governance in Nigeria.
In a statement issued by the NBA President, Afam Osigwe, the association expressed its alarm at the suspension of elected officials, emphasizing that such actions were not provided for under the Constitution. “The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months,” the statement reads.
The NBA went on to argue that the 1999 Constitution clearly outlines procedures for the removal of elected officials, such as a governor or deputy governor, through impeachment or other legal channels as stipulated in Section 188 of the Constitution. The removal or dissolution of the state legislature, according to the NBA, is also governed by specific constitutional provisions and electoral laws that were not adhered to in the case of Rivers State.
“This is a blatant violation of the constitutional safeguards meant to protect democratic processes,” said the NBA in its statement. “The Constitution ensures that democratic governance is not disrupted without proper adherence to the prescribed legal procedures. The actions taken by President Tinubu seem to ignore these crucial procedural requirements.”
Legal experts have weighed in on the issue, with many questioning whether the President’s use of emergency powers oversteps constitutional limits. Some argue that while the declaration of a state of emergency may be justified under specific circumstances, the suspension of elected officials is not within the scope of powers granted by Section 305.
“The power to suspend or remove an elected official is not part of the emergency powers vested in the President,” explained Professor Chidi Amuta, a constitutional law scholar. “This creates a dangerous precedent for future actions that could undermine the legitimacy of democratic institutions.”
In response to the NBA’s statement, political analysts have noted that the controversy may deepen existing divisions within the Nigerian political landscape.
