Paragraph 1: The Nigerian Bar Association’s (NBA) Stance on the State of Emergency
The Nigerian Bar Association (NBA) has vehemently opposed the declaration of a state of emergency in Rivers State by President Bola Tinubu, labeling it "unconstitutional" and a perilous precedent for Nigeria’s democratic framework. At the heart of the NBA’s argument is the assertion that the President lacks the constitutional authority to remove elected officials, including the governor, deputy governor, or state legislators, under the guise of a state of emergency. This action, according to the NBA, represents a blatant disregard for the established legal procedures outlined in the 1999 Constitution for the removal of such officials.
Paragraph 2: Constitutional Procedures for Removal of Elected Officials
The NBA underscores the existence of explicit constitutional provisions that govern the removal of governors and deputy governors, as stipulated in Section 188. Furthermore, the removal of members of the House of Assembly and the dissolution of parliament are subject to specific constitutional provisions and electoral laws, none of which were adhered to in the Rivers State situation. The association emphasizes that while Section 305 of the Constitution empowers the President to declare a state of emergency, it does so with stringent conditions and procedural safeguards. These safeguards are designed to ensure that such exceptional measures do not infringe upon democratic governance and fundamental human rights.
Paragraph 3: The NBA’s Argument Against the Justification for Emergency Rule
The NBA contends that the political crisis in Rivers State does not warrant the imposition of emergency rule, questioning whether the situation meets the constitutional threshold of a complete breakdown of public order and a threat to the nation’s integrity. The association stresses that the declaration of a state of emergency does not automatically dissolve or suspend elected state governments. The President’s action, in attempting to remove elected officials, is deemed an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure. The NBA argues that even if a state of emergency is declared, it must be ratified by the National Assembly within a specified timeframe.
Paragraph 4: The NBA’s Call for Legal Compliance and Due Process
Quoting Section 305(2) of the Constitution, the NBA notes that a presidential proclamation of a state of emergency ceases to have effect if not approved by a resolution of the National Assembly within two days when the Assembly is in session or within ten days after reconvening if not in session. The NBA emphasizes that without such approval from the National Assembly, the declaration of a state of emergency in Rivers State remains constitutionally incomplete and ineffective. The association calls upon the National Assembly to reject any attempt to ratify the removal of the Rivers State Governor and other elected officials, warning that such an act would set a dangerous precedent, undermining democracy and paving the way for the potential misuse of emergency powers to unseat elected governments in the future.
Paragraph 5: Condemnation of the Removal of Elected Officials and the Call for Vigilance
The NBA unequivocally condemns the removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly, deeming it unconstitutional, unlawful, and a grave affront to Nigeria’s democracy. It calls on all stakeholders, including the judiciary, civil society, and the international community, to remain vigilant and closely monitor the situation in Rivers State to ensure the protection of democratic principles and the rule of law. The NBA reiterates its unwavering commitment to upholding the Nigerian Constitution and safeguarding democratic governance amidst such challenges.
Paragraph 6: The NBA’s Final Declaration on the Importance of Constitutional Supremacy
The association concludes its statement by categorically stating that removing elected officials under the pretext of a state of emergency is unconstitutional and unacceptable. The NBA firmly believes that Nigeria’s democracy must be protected at all costs, and that the supremacy of the Constitution as the ultimate legal authority must be upheld under all circumstances. It stands as a staunch defender of constitutionalism and democratic principles, rejecting any actions that threaten the integrity and stability of Nigeria’s democratic institutions.
