The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu’s decision to suspend Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the Rivers State House of Assembly, following his declaration of a state of emergency in the state on Tuesday.
The NBA contended that the President does not have the constitutional authority to remove these elected officials under the pretext of invoking emergency powers.
In a statement issued by the NBA President, Afam Osigwe, the Association stressed that the suspension of elected officials does not align with the constitutional provisions for such actions.
Citing Section 305 of the 1999 Constitution, the NBA explained that although the section grants the President powers during a state of emergency, it does not empower him to suspend or remove elected leaders. The NBA further emphasized that the sole constitutional procedure for removing a governor or deputy governor is through impeachment, as outlined in Section 188 of the Constitution.
The NBA also urged the National Assembly to reject any attempt to endorse the removal of the Rivers State officials if it is found to be unconstitutional.
Moreover, the NBA pointed out that Tinubu’s declaration of a state of emergency requires approval from the National Assembly within two days if it is in session or within ten days if it is not. Without such approval, the declaration holds no legal standing.
Through the statement, the NBA cautioned that the suspension of elected officials under emergency powers could set a dangerous precedent for future misuse to displace duly elected governments.
The Association also questioned whether the political unrest in Rivers State had reached a level severe enough to justify the removal of the governor and his administration.
