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Tinubu’s Removal of Rivers Governor, Elected Officials Unconstitutional Usurpation of Power, Says NBA

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By Eric Elezuo

The Nigerian Bar Association (NBA) has condemned in totality the declaration of Emergency in Rivers State, leading the suspension of the state governor, Siminalayi Fubara and his deputy, Ngozi Odu as well as other elected legislative officials.

Speaking via a statement signed by the president of the association, Mazi Afam Osigwe, the body noted that Tinubu’s action amount to unconstitutional usurpation of power, stressing that the constitution does not permit the president to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency.

While outlining the situation that can warrant a state of emergency, the NBA noted that the political situation in Rivers though tense, does not in any way meet the constitutional threshold for the removal of elected officials.

He declared however, Tinubu’s action as ‘purported’ and therefore, ‘unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.’

He further called on “all relevant authorities to act in accordance with the law and the best interest of the country”, saying that “Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”

The statement reads in full:

“STATE OF EMERGENCY IN RIVERS: “SUSPENSION” OR OTHERWISE SUMMARY REMOVAL OF A DEMOCRATICALLY ELECTED GOVERNOR AND OTHER ELECTED OFFICIALS IS UNCONSTITUTIONAL”

The Nigerian Bar Association (NBA) has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation today, 18th March 2025. This declaration according to the President is due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today:” This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.

Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.

The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
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. 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.

A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.

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.

For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:
1. War or external aggression against Nigeria.
2. Imminent danger of invasion or war
3. A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
4. A clear danger to Nigeria’s existence.
5. Occurrence of any disaster or natural calamity affecting a state or a part of it.
6. Such other public danger that constitutes a threat to the Federation.
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 purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.
Furthermore, subsection (2) of Section 305 provides that:
“A Proclamation issued by the President under this section shall cease to have effect—
(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or
(b) if the National Assembly is not in session, within ten days after it reconvenes.”

These provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect. The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.

In light of the foregoing, the Nigerian Bar Association:
• Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
• Calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
• Warns that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
• Demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
• Encourages all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.

The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.

We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.

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Tambuwal, Abaribe Joined Me to Oppose Tinubu’s Emergency Declaration – Dickson

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By Eric Elezuo

The senator representing Bayelsa West Senatorial District, Seriake Dickson, has named Senators Aminu Tambuwal and Enyinnaya Abaribe among a few others, who stood with him to oppose the unconstitutionality of the suspension of the Rivers State Governor, Siminalayi Fubara, his deputy, Ngozi Odu, and the members of the House of Assembly.

The senator, in a statement, also revealed the reasons he walked out of the red chamber on Thursday following a heated argument regarding the approval of the State of Emergency in Rivers State.

In the statement, Dickson, who already told as many that cares to listen before the sitting that he will never support the emergency rule on the floor of the senate, met a brick wall in the visibly angry senate president, Godswill Akpabio, who he claimed tried to deny him his freedom to express himself, resulting in the heated argument that ensued.

The senator noted that when it was obvious that the red chamber was bent on validating the President’s emergency rule, he staged a walkout from the senate, saying he wouldn’t want to be present when the report of what he opposed is read.

Dickson’s detailed analysis of what transpired is presented below:

SENATOR SERIAKE DICKSON GIVES DETAILED UPDATE ON WHAT TRANSPIRED TODAY

Today at the sitting of the Senate, the issue of the President’s proclamation of a state of emergency in Rivers State came up for discussion and as I have stated repeatedly, I raised my objections in the closed session on how the declaration fell short of constitutional prescription, based on my view as a Democrat, sworn to uphold the Nigerian constitution.

The Senate did not undertake the debate in an open session however, it was quite robust. I want to thank Sen. Aminu Waziri Tambuwal for his strong support of the unconstitutionality of the declaration, especially the aspect that deals with the suspension of the elected officials of the Rivers State government.

At the end of the day, majority of the senators supported the proclamation as no room was given for an open debate at plenary. I left the plenary before the Senate President was directed to report the outcome because I didn’t want to be present while what I opposed is being reported. I believe Senator Tambuwal, Senator Abaribe and others equally left too.

I want to make it clear that as I stated repeatedly, I spoke and voted against the proclamation in our closed session, supported by Senator Aminu Tambuwal and a few other senators who were not recognized to speak.

And so I want to thank all the senators who shared the view that I vigorously canvassed.

I am however aware of the efforts made to modify the declaration as a result of the concerns and views we have expressed and canvassed the past few days. Though I acknowledge the effort being made by the leadership and President to moderate the terms of the declaration and to create a mechanism for oversight, theoretically this does not counter the primary issue of constitutionality.

The beauty of democracy is such that the minority will have their say while the majority their way. I would have wished for a more robust and open debate so that all views and opinions can be openly canvassed as I requested even at the closed session specifically and thereafter, the majority can have their way but as it is, both chambers have decided and the ball is now on the court of the other arms of government, especially the judiciary, in the event of any challenge.

My attention has also been drawn to a viral video showing parts of the unfortunate exchanges between the Senate President and I before we desolved to the closed session.

As I said on the floor, the Senate President was very unfair to me by trying to censor my freedom of expression and by deliberately misrepresenting the import of what I said in the broadcast yesterday which was the same thing I said on the floor today. It is my opposition in principle to the declaration of a state of emergency, as well as the suspension of elected officials.

I thank all those who have called to commend my composure under unnecessary and unexpected attempt at intimidation. Everyone, including the Senate President, knows I have long gone beyond that stage in my life.

The Senate as I said is a meeting of equals and everyone should be respected just as we accord respect to the Chair. No senator needs the permission of the senate president to express an opinion in an interview on a topical matter of national interest that is in the public domain.

I intend to meet the Senate President to formally express my displeasure, to prevent a reoccurrence.

I thank my constituents, Nigerians and all people of goodwill who have called to express solidarity and urge them not to be dismayed at the direction our democracy appears to have taken.

For someone like me who has been in trenches over the years, all these challenges are actually a call to duty and I therefore implore all people of goodwill to come together and ensure that participatory democracy is promoted in our country.

Our thoughts and prayers are with the people of Rivers State.”

President Bola Tinubu, on Tuesday, declared a state of emergency in Rivers, sacking all elected officers, and appointing a Sole Administrator, in the person retired former Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas, for an initial period of six months.

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For Condemning Tinubu’s Emergency Rule in Rivers, Presidency Dismisses Atiku, Peter Obi, Amaechi, Others As Disgruntled Politicians

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The Presidency, on Thursday, described former Vice President Atiku Abubakar, former Anambra State governor and 2023 presidential candidate of the Labour Party, Mr. Peter Obi, the former Kaduna State governor, Mallam Nasir El-Rufai and the former governor of Rivers State, Chibuike Amaechi as disgruntled politicians that don’t have the interest of the masses at heart.

Reacting to the recent regrouping of some politicians including the former governor of Ekiti State, Kayode Fayemi, who reportedly formed a coalition against President Bola Tinubu in 2027, the Presidency described them as “a frustrated lot”.”

Special Adviser to the President on Information and Strategy, Bayo Onanuga, said President Tinubu is focused on governance to build a prosperous country.

According to him: “He (Tinubu) is on the way to achieving this. Two months to his midterm, he has many solid achievements to showcase. Intractable problems are being tackled headlong.

“He cannot be distracted by the so-called coalition of politicians. They are not politicians after the public Good. It’s all about their self-interest.

“They are disgruntled. They are a frustrated lot. The leaders are sore losers. The coalition is an amalgam of Tinubu haters. Their agenda is to stop Tinubu.”

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Senate Approves Tinubu’s Emergency Rule in Rivers, Sack of Governor, Elected Officers

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Like the House of Representatives, the Senate has approved President Bola Tinubu’s proclamation of a state of emergency in Rivers State, invoking its constitutional powers under the amended 1999 Constitution.

The approval grants President Tinubu the authority to enforce emergency measures while mandating a review of the situation at any time, but no later than six months.

Per the Constitution, the National Assembly has also imposed a joint committee of both chambers to oversee the administration of affairs in Rivers State during the emergency period.

Additionally, the Senate has resolved to establish a mediation committee consisting of eminent Nigerians to help resolve the state’s political crisis.

Just like the Senate, the House of Representatives had earlier approved Tinubu’s declaration of a state of emergency in Rivers.

In a voice vote, the lawmakers backed Tinubu’s decision, two days after President Tinubu made the move.

Two hundred and forty House of Representative members attended the preliminary which was presided over by Speaker Tajudeen Abbas.

While deliberating on the decision, the House made some amendments including that a committee of eminent Nigerians will set up to mediate on the matter.

They also noted that the National Assembly is empowered to make law for a state where its house of assembly is unable to perform its functions as against the Federal Government’s plan for the Federal Executive Council to take up that duty.

President Bola Tinubu during the swearing-in of Vice Admiral Ibokette Ibas (rtd) as sole administrator for Rivers State in Abuja on March 19, 2025

On Tuesday, President Tinubu wielded the big hammer in Rivers State, declaring a state of emergency in the state. He also suspended Governor Siminalayi Fubara; his deputy, Ngozi Odu, and members of the Rivers State House of Assembly for six months and appointed a sole administrator to take charge of the state in a move that has triggered a wave of criticisms.

Legal experts, governors, and prominent Nigerians like Atiku Abubakar, Peter Obi to name a few have condemned the proclamation, demanding a reversal.

However, the Federal Government has doubled down on Tinubu’s decision and argued that it was needed to bring peace to the oil-rich state.

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