Rivers crisis: Tinubu lacks constitutional power to suspend Fubara, others – NBA

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President Bola Tinubu’s proclamation of emergence in Rivers State and the suspension of Governor Sim Fubara and his deputy, Ngozi Odu, have been deemed unlawful by the Nigerian Bar Association, or NBA.

In his speech to the nation on Tuesday evening, Tinubu announced the creation of a state of emergence in Rivers State, citing the “vandalization of pipelines between yesterday and today (Tuesday)” and the political unrest that was then prevalent in the state as the reasons for the decision.

In a statement signed by its president, Mazi Afam Osigwe, the NBA stated that although the president is authorized to proclaim a state of emergency under Section 305 of the Constitution, to guarantee that such extraordinary actions do not violate democratic governance and fundamental human rights, stringent guidelines and procedural protections are outlined in that part.

The NBA said it was gravely concerned about the President’s action, adding that “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 outlines specific conditions, including: War or external aggression against Nigeria; imminent danger of invasion or war; a breakdown of public order and safety to such an extent that ordinary legal measures are insufficient; a clear danger to Nigeria’s existence; Occurrence of any disaster or natural calamity affecting a state or a part of it,” it stated.

The NBA also questioned whether Rivers State’s political crisis had progressed to the point where law and order had completely collapsed, necessitating the removal of the governor and his administration. They maintained that political disputes, legislative conflicts, or tensions between the executive and legislature should not be grounds for an emergency rule because they should be settled by the judiciary and other constitutional and legal mechanisms rather than by 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,” Osigwe’s statement said.

The NBA urged the National Assembly to oppose the President’s proclamation of a state of emergency and any unlawful attempt to approve the dismissal of the governor of Rivers State and other elected officials.

“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,” the NBA declared.

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