President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has strongly condemned the National Assembly’s ratification of President Bola Tinubu’s declaration of a state of emergency in Rivers State.
This declaration led to the suspension of the elected governor, deputy governor, and state assembly members amid a political crisis.
But featuring on Arise television Prime Time on Thursday night, Osigwe emphasised that the NBA views the proclamation of a state of emergency as unconstitutional, rendering any ratification by the National Assembly invalid.
He argued that the Constitution does not grant the President the power to remove elected officials, such as the governor, deputy governor, or state legislators, under the guise of a state of emergency.
According to Osigwe, the NBA’s position is clear: the President’s actions are an unconstitutional encroachment on democratic governance and the autonomy of state governments.
He stated: “Our position at the Nigerian Bar Association is that the proclamation of a State of Emergency in Rivers State is unconstitutional. And being unconstitutional, and also the removal/suspension of the governor, his deputy and the state House of Assembly, in our view, these actions are unconstitutional. And being unconstitutional, there’s nothing the National Assembly can ratify because you can’t place something on nothing and expect it to stand.Nigerian history books
“Procedural too from the reports I have read, both chambers of the National Assembly passed the same by voice vote. To my mind, when a constitution requires that a certain action should be done by two-thirds majority, you don’t do so by a voice vote.
“You take physical vote and count and declare the number of persons present and number of persons who are actually voted to be sure that constitutional requirement has been met.
“While listening to the Senate President, I heard him talk about section 114, and I thought that section would have put him on enquiry whether the National Assembly can ratify the president’s declaration that the governor stood suspended, and so like the deputy and the House because that section 114 has a proviso that the National Assembly cannot remove a governor or his deputy.
“So if we’re a nation truly committed to obeying our laws, I think the laws clearly stared us in the face that there’s something wrong in ratifying that resolution.
“I was also meant to understand that there’s a proposal to have eminent Nigerians to resolve the issue and it goes back to our position at the Nigerian Bar Association that the problem in Rivers State cannot be solved by declaration of state of emergency, that it can be solved by having a political discuss which involves the major players whose ego have prevented them from placing the people and welfare and security of Rivers State people above every other things.Nigerian history books
“And it is being a case of who wins, who blinks first, who can pull the contact of the string; whatever it takes to win to get the other person out of power and in the entire thing, the people don’t count.”
The NBA had earlier called on the National Assembly to reject any attempt to ratify the removal of elected officials in Rivers State, emphasising that the approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
The NBA has also 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.
Osigwe stressed that all actions taken in Rivers State must conform strictly to constitutional provisions and Nigeria’s democratic norms.
In light of this development, the NBA has urged 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.
Sahara Reporters
