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

Published

1 year ago

March 19, 2025

Eric

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.

Headline

Eid-el-Fitr: Tinubu Felicitates with Nigerian Muslims, Urges Renewed Patriotism

Published

1 day ago

March 20, 2026

Eric

As Muslims worldwide celebrate Eid-el-Fitr, marking the end of Ramadan, President Bola Tinubu has congratulated the Muslim faithful in Nigeria, urging renewed commitment to the nation and humanity.

President Tinubu enjoined Nigerian Muslims to rededicate themselves to the noble teachings of the holy month, which emphasise piety, empathy, and unity among humanity.

The President’s message was contained in a statement signed by his media aide, Bayo Onanuga, on Thursday.

“We have a lot to draw from the noble lessons of Ramadan, especially at a time like this. We must continue to abide by the virtues of piety, selflessness, perseverance, kindness and compassion beyond this period,” he said.

President Tinubu urged all Muslim faithful to extend a hand of kindness to the needy of all faiths, to further show unity and camaraderie.

The President also tasked Muslim leaders to use the occasion to offer prayers for peace and prosperity to prevail in the country.

On Wednesday, the Sultan of Sokoto and President-General of the Nigerian Supreme Council for Islamic Affairs, Muhammad Sa’ad Abubakar, approved the declaration of Friday as the day for Eid-el-Fitr.

He congratulated Muslims on the successful completion of Ramadan and called for sustained prayers for national unity and development.

The Sultan’s announcement came after the Federal government of Nigeria declared Thursday, 19 March, and Friday, 20 March 2026, as public holidays to mark the celebration of Eid-el-Fitr, which signifies the end of the holy month of Ramadan.

In a statement signed by the Permanent Secretary, Ministry of Interior, Magdalene Ajani, on Tuesday, the Minister of Interior, Olubunmi Tunji-Ojo, who made the declaration on behalf of the Federal Government, extended warm greetings and heartfelt congratulations to the Muslim faithful on the successful completion of the holy month of Ramadan.

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2027: Peter Obi Raises Doubt About Clinching ADC Presidential Ticket

Published

2 days ago

March 19, 2026

Eric

A former Labour Party presidential candidate, Peter Obi, has expressed reservations over his ability to clinch the African Democratic Congress’ (ADC) presidential ticket for the 2027 elections.

In a video address to his followers, Obi stated that receiving the ADC’s presidential ticket is not guaranteed.

He said: “Someone asked me how I know for sure that the ADC will give me the presidential ticket. I cannot be certain. What matters is that we are committed to a cause.

I keep wondering how we ended up in this situation and what might happen if we decide to stop working on this project.”

“Obi also said he is still committed to his goals, and he hasn’t let any reported threats stop him.

The former Labour Party presidential candidate praised his supporters for their resilience, recognizing the difficulties of working within opposition politics in Nigeria.

Obi thanked everyone who stayed loyal even though they didn’t get much benefit right away.

“I thank you for your sacrifice. It’s not easy to be in the opposition in Nigeria, and I’m thankful to those who keep supporting even when there’s no clear reward,” he said.

He, however, expressed uncertainty about the future, especially concerning political alliances and commitments.

“How can we be certain that the people we’re working with right now won’t leave us behind tomorrow? I wish we could be sure, but we can’t,” he said.

Headline

Terrorism: Tinubu Seeks UK’s Assistance Amid Challenges

Published

2 days ago

March 19, 2026

Eric

President Bola Tinubu, on Wednesday, solicited partnership with the United Kingdom to crush terrorism in the Sahel before it engulfs the region.

“Our West African region faces complex terrorism challenges with roots in the Sahel,” Tinubu told King Charles III, Queen Camilla, Prince William, and elite guests, at a state banquet.

Speaking as the first Nigerian leader at the historic venue, Tinubu said: “As one of the largest nations within the Commonwealth, Nigeria looks forward to contributing constructively to the continued growth and vitality of this global community.

“Our West African region faces complex terrorism challenges with roots in the Sahel. Nigeria carries an enormous responsibility to help safeguard regional stability. In confronting these threats, partnership with the United Kingdom remains essential and I look forward to my meeting with Prime Minister Kier Starmer tomorrow.

“Despite these challenges, Nigeria approaches the future with hope and confidence. We are a nation of diverse and vibrant people, of young people dreaming big, of entrepreneurs with a global outlook, and of a hopeful people determined to realise their full potential.”

The Nigeria’s President said it was an honour to stand before the royal family, representing the people of Nigeria to reaffirm the enduring bonds of friendship, history, and shared purpose that have united Nigeria and the United Kingdom for several centuries.

“Allow me first to express my sincere appreciation to Your Majesty and to Her Majesty, The Queen for the warmth and generosity extended to me, my wife, Oluremi, and the Nigerian delegation.

“As the first Nigerian leader to speak here at Windsor Castle, which has served the British Crown for nearly a millennium, is particularly historic. Windsor has stood as a symbol of continuity, witnessing the steady evolution of institutions that have shaped governance, culture, and public life not only in Britain but far beyond these shores.

“Nigeria and the United Kingdom have shared more than just history; our two nations share a vision of progress and resilience. Today, we continue that journey, committed to building a future rooted in partnership, mutual respect, and common values.

“Standing here in Windsor Castle, one cannot help but reflect on Britain’s impact on modern democratic governance worldwide.”

He explained further: “The Magna Carta of 1215 laid the early foundations for the rule of law and the development of parliamentary democracy, establishing enduring ideals around liberty, accountable government, and civic responsibility.

“Great British thinkers and writers such as Thomas Hobbes, John Locke, and Edmund Burke helped to propagate those democratic ideals. Their influence continues to resonate to this day.

“The literary genius of William Shakespeare and other writers such as Charles Dickens, has enriched and shaped the English language, spoken by over 1.5 billion people worldwide.

“In Nigeria, elements of these traditions continue to inform the institutional foundations of our own republic. Our courts draw upon legal traditions rooted in English common law. Our parliamentary institutions reflect constitutional practices that evolved here over centuries. Our civil service structures have also drawn upon administrative models developed in Britain and adapted to Nigeria’s own national context.

“While institutions matter greatly, our people remain the strongest bridge between our two countries.”

He said the Nigerian community in the United Kingdom has become one of the most dynamic diaspora communities worldwide, adding: “Nigerians contribute enormously to the vitality of this nation. Within the National Health Service, Nigerian doctors and nurses play an indispensable role in delivering healthcare. Nigerian-trained doctors are among the largest groups of international medical professionals serving the NHS.”

He noted the exploits of Nigerians in the country especially in sports, saying: “in sport, rugby players such as Maro Itoje, footballers including Bukayo Saka and Eberechi Eze, and champion boxer Anthony Joshua, illustrate the remarkable human connection that links Nigeria and the United Kingdom.

“Our partnership is further strengthened through the Commonwealth of Nations, which connects 56 countries under Your Majesty’s leadership.”

He expressed confidence that the friendship between Nigeria and the United Kingdom will continue to grow.

“Finally, Your Majesty, I wish to express Nigeria’s deep gratitude to this great nation for the refuge and support it extended during the dark years of military dictatorship. Like many Nigerians involved in the pro-democracy struggle, I found safety here, and I recall that my residence was placed under Metropolitan Police surveillance for protection following threats from agents of the junta.

“That solidarity remains etched in our collective memory, and it is deeply humbling for me to stand before Your Majesty today as the President of a democratic Nigeria.

“On behalf of the Government and people of Nigeria, I thank Your Majesty, Her Majesty The Queen, Prince William and Catherine, the Princess of Wales, other members of the Royal Family, and the people of the United Kingdom for their longstanding friendship.

“In the spirit of friendship and our shared destiny, I invite you all to raise a glass with me:

“To the special bond between Nigeria and the United Kingdom, and to the bright future that we shall build together.”