The Nigerian Bar Association (NBA) has strongly criticized the recent declaration of a state of emergency in Rivers State by President Bola Tinubu, calling the move “unconstitutional” and a dangerous precedent for Nigeria’s democracy.
In a statement released on Tuesday, the NBA, through its President, Afam Osigwe, SAN, emphasized that the President lacks the constitutional authority to remove an elected governor, deputy governor, or state lawmakers under the guise of an emergency rule.
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,” the NBA asserted.
The association further stated that the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188, and similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws.
The NBA questioned whether these constitutional procedures were followed in the current situation.
