NBA to NASS: Reject Tinubu’s Unconstitutional Ratification of Fubara’s Suspension

The Nigerian Bar Association (NBA) has urged the National Assembly to reject any unconstitutional attempt to ratify the suspension of Siminalayi Fubara as governor of Rivers State.  

The association described President Bola Tinubu’s suspension of Fubara as illegal and a dangerous affront to Nigeria’s democracy.

On Tuesday, Tinubu announced the suspension of the governor, his deputy, and members of the Rivers State House of Assembly while declaring a state of emergency in the state.

Reacting to the development, the NBA insisted that an emergency declaration does not automatically dissolve or suspend elected state governments.

NBA President, Afam Osigwe, expressed deep concern over the decision, stating that it amounts to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.

“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,” Osigwe said in a statement.

He emphasized that the Constitution provides clear procedures for the removal of a governor and deputy governor under Section 188, while the removal of lawmakers and the dissolution of parliament are governed by 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,” he said.

The association further questioned whether the political crisis in the state constituted a total breakdown of law and order, warranting such drastic measures.

“Political disagreements, legislative conflicts, or executive-legislative tensions do not justify emergency rule. Such disputes should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat,” the NBA added.

The body also warned that suspending elected officials under emergency rule could set a dangerous precedent, potentially being misused in the future to unseat democratically elected governments.

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