The Nigerian Bar Association (NBA) has strongly condemned President Bola Tinubu’s declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara, his deputy, and members of the state’s House of Assembly. The NBA asserts that these actions are unconstitutional and undermine Nigeria’s democratic principles.
According to the NBA, Section 305 of the 1999 Constitution permits the President to declare a state of emergency but does not grant the authority to remove or suspend elected officials. The association emphasizes that the only constitutional method for removing a governor or deputy governor is through the impeachment process outlined in Section 188.
The NBA also highlights that the President’s declaration requires approval from the National Assembly within a specified timeframe; without such approval, the declaration remains legally ineffective.
In light of these concerns, the NBA calls on the National Assembly to reject any unconstitutional attempts to ratify the removal of Rivers State’s elected officials, warning that such actions set a dangerous precedent for Nigeria’s democracy.
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