NBA Blasts Tinubu's Emergency Declaration In Rivers State: 'Unconstitutional'

NBA Fires Back at Tinubu’s Emergency Rule: A Blow to Nigeria’s Democracy?

Listen up, folks. The Nigerian Bar Association (NBA) is not holding back when it comes to President Bola Tinubu's recent declaration of a state of emergency in Rivers State. In no uncertain terms, the NBA has labeled the move as "unconstitutional" and warned that it sets a dangerous precedent for the future of democracy in Nigeria. This is big, and we're about to break it down for you.

What’s the Beef? NBA Weighs In

On Tuesday, the NBA, led by its President Afam Osigwe, SAN, released a statement that got everyone talking. Here's the gist: the Constitution of Nigeria—specifically the 1999 version—does not give the President the power to remove elected governors, deputy governors, or state lawmakers under the guise of a state of emergency. Let that sink in. The NBA is saying loud and clear that Tinubu overstepped his bounds.

Now, the Constitution lays out some pretty specific rules when it comes to removing elected officials. For governors and deputy governors, Section 188 spells out the process. Similarly, the removal of members of the House of Assembly or dissolving the parliament is governed by strict constitutional provisions and electoral laws. The NBA wants to know: were these procedures followed? If not, this move is a major red flag.

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Section 305: Emergency Powers and Safeguards

Section 305 of the Constitution does allow the President to declare a state of emergency, but—and this is a big but—it comes with a list of conditions and safeguards. These safeguards are there for a reason: to protect democratic governance and ensure fundamental human rights aren’t trampled on. The NBA argues that the political crisis in Rivers State doesn’t meet the constitutional threshold for declaring a state of emergency. In other words, the situation doesn’t rise to the level of a complete breakdown of public order.

Here’s another key point: declaring a state of emergency doesn’t automatically dissolve or suspend an elected state government. The President can’t just wave a wand and remove officials. That’s what the NBA calls a "fundamental breach of Nigeria’s federal structure." And let’s be real, folks, this is a slippery slope we don’t want to slide down.

National Assembly Approval: The Missing Piece

According to the NBA, a declaration of a state of emergency must be ratified by the National Assembly within a specific timeframe. Section 305(2) of the Constitution spells it out: if the National Assembly is in session, they have two days to approve the proclamation. If they’re not in session, they have ten days after reconvening. Without this approval, the declaration is, in the NBA’s words, "constitutionally inchoate and ineffective." That’s a fancy way of saying it doesn’t count.

The NBA warns that suspending elected officials under emergency rule sets a dangerous precedent. It’s not just about Rivers State—it’s about the future of democracy in Nigeria. If we let this slide, who’s to say it won’t happen again in another state? That’s why the NBA is urging the National Assembly to reject any attempt to ratify the removal of Rivers State officials.

A Call to Action

The NBA isn’t just talking the talk; they’re walking the walk. They’re calling on all stakeholders—judges, civil society, and even the international community—to keep a close eye on the situation in Rivers State. This isn’t just a local issue; it’s a national one. The NBA believes that protecting Nigeria’s democracy means upholding the Constitution in every circumstance.

In their closing statement, the NBA made it crystal clear: "The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances." That’s a message we should all take to heart.

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So, there you have it. The NBA has spoken, and the stakes couldn’t be higher. Will the National Assembly step up? Will democracy prevail? Only time will tell, but one thing’s for sure: this is a moment that will define the future of governance in Nigeria.