The Nigerian Bar Association (NBA) has asked the national assembly to “reject any unconstitutional attempt to ratify” the suspension of Siminalayi Fubara as governor of Rivers state.
The NBA said President Bola Tinubu’s suspension of Fubara is illegal and a “dangerous affront” to the country’s democracy.
Tinubu on Tuesday announced the suspension of the governor, his deputy and the members of the Rivers assembly while declaring emergency rule in the state.
In response, the NBA said emergency declaration does not “automatically dissolve or suspend elected state governments”.
NBA President Afam Osigwe said the law body is “gravely concerned” by the development, adding that “such actions amount 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,” the NBA president said in a statement.
“Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.
“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.
“The NBA questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration.
“Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.”
The NBA warned that suspending elected officials under emergency rule could be potentially “misused to unseat elected governments in the future”.
