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In a strongly worded statement, the Nigerian Bar Association (NBA) has criticized President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, describing the suspension of the Governor, Deputy Governor, and Members of the State House of Assembly as unconstitutional. The NBA, led by its President, Mazi Afam Osigwe, SAN, expressed grave concerns over the implications of this decision on Nigeria’s democratic governance.
The President’s proclamation, citing political tensions and pipeline vandalism as reasons for the emergency, has sparked widespread debate. While Section 305 of the 1999 Constitution grants the President the authority to declare a state of emergency, the NBA emphasized that this power is subject to strict procedural safeguards.
The association argued that the suspension of elected officials under the guise of emergency rule constitutes an overreach of executive authority and a violation of constitutional provisions.
The NBA highlighted that the Constitution provides clear guidelines for the removal of elected officials, including governors and legislators, through legal and constitutional mechanisms. It warned that bypassing these procedures undermines Nigeria’s federal structure and sets a dangerous precedent for future governance.
Furthermore, the NBA questioned whether the situation in Rivers State meets the constitutional threshold for a state of emergency. It called on the National Assembly to reject any attempts to ratify the suspension of elected officials, urging all actions to align with constitutional provisions and democratic norms.
The association also called on stakeholders, including the judiciary, civil society, and the international community, to monitor the situation closely to prevent further erosion of democratic principles. It reaffirmed its commitment to upholding the Constitution and ensuring the rule of law prevails in Nigeria.
The NBA’s statement serves as a reminder of the importance of adhering to constitutional limits, even in times of crisis, to safeguard Nigeria’s democracy.
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