₦airaland Forum

“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) @NigBarAssoc 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.”

1. 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.

Mazi Afam Osigwe, SAN
President, Nigerian Bar Association

franvincoop:
For me, as long as Obi go stand vice to Atiku under any party, Tpain is history.
Firstly, because Obi no fit do 1 term so make im no enter that trap to stand as President in 2027, im gats to hold vice till 2035, then become President till 2043.
Na my opinion be that and this is the sacrifice Obi has to make personally for a new Nigeria to be possible and to kick those shit no wipe nyash and their fake Bishops out of Abuja.
AtikuObi na Tpain, APC, Reno and co their greatest nightmare.
If Tpain like make e own labour party and NNPP, AtikuObi na winner anytime anyway, INEC or no INEC.

njelrapheal:
nice one from EBSU

helinues:
The advise to the rivers people is to continue making peace. Don't allow the politicians to turn your state into something else.

I have been reading from some people claiming militants would blow up pipeline should Fubara is impeached.

That should be regarded as pure jokes as this government will never tolerate any saboteurs on oil pipeline

To be forewarned.....

casualobserver:
Oga please stop disturbing me with your nonsense. Your problems, your making, your wahala, your consequences. If you like don’t vote for Tinubu that you didn’t vote for in 2023, if you like blow up pipeline, we don’t care!

We are thinking people, we don’t do emotion and gra gra!

Nobody is interested in your tales of woe!

Abeg rest!

casualobserver:
Oga STFU and stop forming any fake righteousness. Where were you when the governor demolished the house of the people? Abi you don’t know th state assembly is the house of the people? Where were you when he excluded 27 members elected by the people Abi the 27 constituents don’t deserve a voice? Where were you when he and Wike were doing deals for 8 years?

Which yeye people? Na now you know people? STFU!

You entered a battle with emotions ego and not your brains and it has backfired…..deal with the consequences. You chose to listen to irresponsible elders instead of a truce by Tinubu. Deal with the consequences.

You lay your bed…you lie on it. Don’t blame Tinubu for your problems! And if you do that’s your business.

AmazingELixir:
Don't cap nonsense...who do you think owns Ardova.

casualobserver:
Let nobody tell you good education is a waste of money. You clearly are not well educated. Irev is a viewing portal. Like I said if you remove the 400k votes and add to his closest rival he still won so stop giving yourselves an importance you do not have!

The difference between us and you like I said is that when we don’t engage in battles indiscriminately but when we do we have factored in the worst case scenario and are ready for it. Our brains lead us not ego or emotion. We don’t cheat beat and then beg the president to intervene to save us. When we tell you if you don’t vote for us Heaven will not fall, it means your votes won’t be the deciding factor and if your votes are the votes that will make the difference, even then so be it. He will go back home and receive a hero’s welcome as an ex president! He has already cemented his role in history, forex and fuel subsidy removal, tax law changes, Lg autonomy. These are things nobody will reverse and the anchors x for a prosperous Nigeria.

Go to hell! Go and fix your mess and keep Tinubu and Yorubas out of it. Don’t create problems you are not ready for the consequence. Learn to control your emotions and your ego. Learn to think before you act! Our elders settle
Problems not create problems. LASG assembly and Afe Babalola are 2 recent. Examples of problems that were settled by elders. That is why we have peace in our land! Your elders instead take sides when children are fighting and stoke the fires! You say you are brave and not cowards, no problem…what you see you see. Tinubu has become president, getting there was the problem, now we don’t care if he comes home! He has done in 2 years what others feared to take on in 24!

Finally it is ironic that these same people will be shouting good governance. This man commited multiple impeacheable offenses including bulldozing the state legislature. I guess good governance is only required of others.

I’d you like don’t vote for Tinubu, if you like blow up pipelines. Heaven will not fall Nd Nigerias will move on!

casualobserver:
Oga don’t overestimate your importance. While every vote counts, Tinubu did not win because of rivers votes. He won by 2m votes and Rivers only gave him 400k votes.

This is a fight between Wike and Fubara, nothing to do with Tinubu. As a responsible leader he brokered a peace deal. It was your chop chop elders that because of what they are collecting led Fubara astray and advised him wrongly. In the end the deal Tinubu proposed is better that the situation they now find themselves.

Blaming Tinubu for this is blackmail and basically you are asking him to side with your camp and rescue Fubara for failing to heed his advice. If na your 400k votes dey give you arrogance, carry the 400k votes and rest. Worst case scenario he will come back to bourdillon as an ex president……heaven will not fall!!!

A governor who behaved like Fubara did deserves to be impeached! The fact that Wike clearly still enjoys support in Rivers also says that a lot of you making noise threatening Tinubu with votes likely never voted for him in the first place so there is no vote to withdraw. You can’t withdraw something you never gave. We are not foools we are thinking people. We don’t engage in gra gra and false bravery only to go back and eat our vommit. We analyze, we strategize and we embark on battles that are winnable. If a battle is not winnable we stoop to conquer later or accept our fate. So when I tell you that Tinubu can’t be threatened with votes, trust me it is because he has done all the analysis. Something you would do well to learn before you embark on winless battles. You were warned at the start this would be the end result, you said no we are brave people, we don’t do Godfather, no be Godfather Put am into office? When Wike single-handedly campaigned and put him in office why didn’t you say no to Godfatherism then? We saw the campaigns on TV, Fubara did not speak, it was Wike talking. I didn’t know what His voice sounded like till he became governor.

id4sho:
Wahala 😂🤣😂😅, wetin snr man🤦

BluntCrazeMan:
I don't want to surprise you.
But 2027 will come, and there will be no Electoral Reforms.

There will be Serious Massive Boycotts at Worst-Case Scenario..
(Something which the South Easterners had tried many times already in the past, and they had found out that it is very useless method of embarking on a protest during elections)

..

They will try to fool us again by telling us that “IF WE COME OUT AND VOTE MASSIVELY, THERE WON'T BE FREE HANGING NUMBERS THAT WOULD BE LEFT FOR “THEM” TO MANIPULATE WITH”.. Which is a very deceptive statement to make.
MUST THEY MANIPULATE.??

BluntCrazeMan:
Tinubu is waiting to milk the flawed electoral laws again..

And that means, he will do anything for the reforms not to be signed it into law now..

..

This now leaves us with the flawed electoral laws,, and it still means that whatever they throw at us, that is what we have to go with.

And there is no way for us to challenge them by saying that:
“Yes,, they cheated and we know what we are saying” -- just because we don't have any strong evidence to back ourselves up with.

BluntCrazeMan:
I have lost hope in those ones over there.

It's very glaringly clear that:
“They Don't Really Care About Us”

Thiefobi1:
How can this thief be good for him.

Stephen0mozzy:
A thought just hit me now.....

If you take away the money and political influence, is there any Nigerian leader that can inspire the masses by the strength of their character, educate by the depth of their reasoning or by the principles/policies they push for?

Maybe na me no dey follow politics, but no one comes to mind. Says alot about the people.

And for those of us who'll say...."No be we vote them in o"

Then shame on us!

The condition on which government exists (Democracy) is that we surrender our individuality for the collective good - that which serves to benefit the majority, rather than the elitist class, on the contractual term that government will protect US!

But today we've become prisoners in our own house. We now worship the oppressors and fight anyone who dares to point out the chains of our captivity.

Do you have any one that can inspire you intellectually? I'll like to know, and read up on their sayings and actions.

BluntCrazeMan:
Bobloco, Garfield1, Penguin2, Dalitigator

Appletek:
Peter Obi himself is working for Tinubu.

If you want to argue, ask yourself why Peter Obi never disclosed who funded him through Pat Utomi.

Peter Obi got to know after the election but shame didn't allow him talk. He felt used and stupid. That's why Datti walked away from Obi in annoyance.

Obiedun:
You people are lazy workers always blaming their tools

hammed71:
Dubai uae

Wonuola111:
Hmmm you people on nairaland and mixing it up, how will you be comparing Egypt with Oman have you ever set a journey with ur free mindset no carry what people are saying about the country just go there with your positive mindset and trust me everything will be fine and better. That’s how dey try to confuse me not to go to DXb then but I prove them wrong, went there with my positive energy and it set me free.

Thundafireseun:
I will rather vote Odumeje… Portable… or Sowore as president than to waste my vote on Obi

Welcum:
May it be well with every privileged person who cares about the unprivileged Nigerian masses, so much that they sacrifice working with the corrupt establishment. I think PO and BM fit into this description.

Meanwhile, Penguin2, what's up with this link 🔗 you put up there?

Factcheck0001:
I pray obi should b given the presidential ticket

It will b an easy work

Bauchi State Governor, Bala Mohammed, has expressed readiness to work with the presidential candidate of the Labour Party in the 2023 general elections, Peter Obi, to provide good governance to Nigerians.


Mr Mohammed stated this in Bauchi on Thursday when Mr Obi paid him a ‘consultation visit’ at the state’s Presidential Lodge.

According to him, the visit which centred on how he and Mr Obi can work closely together to address poverty and criminality will transcend political, religious or tribal lines.

Mr Mohammed said, “We discussed state by state challenges and I feel highly appreciative of what he is doing as the leader of the opposition because whether we like it or not, he is the leader of the opposition now in Nigeria. I want to say at this level not to make some of those doubting Thomases and mischievous minds to pre-empt what we are doing, that I’m ready to work with Peter Obi. We will make sure we come together, close ranks, bring good governance to the country, give vibrant opposition with knowledge, timelines, visions in such a manner that we will rescue and recover our country. Our coming together is a message and the message is going to resonate because all our colleagues, the PDP governors are behind this kind of journey because it is a transcendental one. We are coming together to work together irrespective of party, region, religion or any other thing.’’

In his remarks, Mr Obi said he decided to visit Mr Mohammed to discuss Nigeria’s issues and consult him, being the Chairman of the People’s Democratic Party (PDP) Governors’ Forum and a critical stakeholder in Nigeria’s politics today.

He stated, “It’s just a consultation and discussion meeting that will continue to go on as we talk about the future of this country. We have to discuss issues happening in the North. I have told the governor today that the North is a critical component if we are going to get it right in this country. There is poverty in Nigeria. We have to deal with the issue of poverty and until you solve poverty, then you can talk about criminality.”

Mr Obi added that the country needed to invest hugely in critical areas to pull people out of poverty so as to reduce criminality in society.

The closed-door meeting between the duo was for more than three hours before they addressed the press.

(NAN)