The Nigerian Bar Association (NBA) has called on the National Assembly to reject any unconstitutional attempts to ratify the suspension of Siminalayi Fubara, the Governor of Rivers State. The NBA has strongly condemned President Bola Tinubu’s decision to suspend Fubara, his deputy, and members of the Rivers State House of Assembly, as well as the declaration of emergency rule in the state.
In its response, the NBA declared that Tinubu’s actions were illegal, warning that they posed a “dangerous affront” to Nigeria’s democracy. The association argued that the declaration of emergency rule does not automatically give the President the authority to dissolve or suspend elected state governments. The NBA emphasized that such powers are clearly outlined in the 1999 Constitution of Nigeria and should not be bypassed.
NBA’s Constitutional Concerns
NBA President Afam Osigwe expressed the association’s deep concern over the suspension, stressing that the Nigerian Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state legislature through the declaration of a state of emergency. Osigwe referred to Section 188 of the Constitution, which specifies the procedures for the removal of a governor and deputy governor, and highlighted that the removal of lawmakers or the dissolution of the legislature must adhere to constitutional provisions and electoral laws, none of which appear to have been followed in this case.
“The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials,” Osigwe said in a statement. He further questioned whether the political conflict in Rivers had reached a point of a “complete breakdown of law and order” that would justify such drastic actions.
Political Conflict and the Rule of Law
The NBA also stressed that political disagreements, legislative conflicts, or tensions between the executive and legislature do not warrant the suspension of elected officials or the declaration of emergency rule. The association argued that these issues should be resolved through legal and constitutional mechanisms, such as judicial processes, rather than through executive orders that undermine the democratic structure of Nigeria.
The NBA expressed concern that allowing the suspension of elected officials under the guise of emergency rule could set a dangerous precedent and be misused to unseat democratically elected governments in the future.
Potential for Abuse of Power
The NBA warned that such actions could be manipulated to destabilize political structures in the future, potentially undermining the foundation of Nigeria’s democracy. The association called for adherence to constitutional provisions and cautioned against the potential abuse of executive power to remove elected officials or dissolve state governments under the guise of emergency rule.
This statement by the NBA adds to the growing controversy surrounding President Tinubu’s actions in Rivers State and raises significant concerns about the implications of such decisions for the future of Nigeria’s democracy and federal structure.
