Fubara’s removal unconstitutional – NBA

The Nigerian Bar Association (NBA) has criticised President Bola Tinubu’s declaration of a state of emergency and removal of Governor Siminalayi Fubara of Rivers State. In a statement on Tuesday, NBA President, Mazi Afam Osigwe (SAN) said the President does not have the constitutional power to remove an elected governor under a state of emergency. […]

The Nigerian Bar Association (NBA) has criticised President Bola Tinubu’s declaration of a state of emergency and removal of Governor Siminalayi Fubara of Rivers State.

In a statement on Tuesday, NBA President, Mazi Afam Osigwe (SAN) said 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,” he said.

NBA therefore urged 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.”

NBA warned 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.

The association also demanded that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms while encouraging all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers to prevent unconstitutional governance and abuse of power.