…advises National Assembly against ratifying President’s unconstitutional action
Nigerian Bar Association has deplored President Bola Tinubu’s declaration of a state of emergency and removal of Governor Siminalayi Fubara of Rivers State from office.
NBA President, Mazi Afam Osigwe (SAN) said in a statement on Tuesday that the President lacked the constitutional power to sack 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 statement partly read.
NBA therefore advised the National Assembly not to ratify the unconstitutional sack of Fubara and other elected officials of the state.
“The approval of a state of emergency must be based on strict constitutional grounds, not political expediency,” the NBA stated.
It 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.
NBA 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.