The Nigerian Bar Association, NBA, has faulted the declaration of a state of emergency in Rivers State by President Bola Tinubu.
In a statement signed by its President, Afam Osigwe, SAN, and made available to newsmen, the body described the move as unconstitutional and a dangerous precedent for Nigeria’s democracy.
The NBA maintained that the President has no constitutional power to remove an elected governor, deputy governor, or state lawmakers under emergency rule.
The association pointed out that while Section 305 of the Constitution vests the President with the power to declare a state of emergency, it 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 argued that the political crisis in Rivers State does not warrant emergency rule, as it does not meets the constitutional threshold of a complete breakdown of public order.
The NBA further pointed out that even if a state of emergency is declared, it must be ratified by the National Assembly within a specified timeframe.
It maintained that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.
The association restated its commintment to upholding the Constitution and democratic governance, and called on civil society, the international community, and other stakholders to closely monitor the situation in Rivers State.
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