The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has condemned the National Assembly’s approval of President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling the decision unconstitutional and dangerous for Nigeria’s democratic principles.
In an interview with Journalists, Osigwe criticized the suspension of Governor Siminalayi Fubara, his deputy, and the state House of Assembly, arguing that such actions violate the rule of law. He emphasized that the suspension of a governor essentially amounts to removal, despite arguments to the contrary.
Osigwe pointed out that the Nigerian Constitution specifies conditions under which a state of emergency can be declared, none of which were met in Rivers. He also slammed the National Assembly for approving the emergency proclamation via a voice vote, when the Constitution mandates a two-thirds majority for such decisions.
Beyond legal concerns, Osigwe suggested that the political conflict in Rivers State, rather than a security crisis, prompted the emergency rule. He stressed that the situation requires a political resolution, not a suspension of democratic governance.
Osigwe warned that the National Assembly’s approval of executive emergency proclamations could lead to the abuse of power, setting a troubling precedent for Nigerian democracy. The NBA is exploring legal action to challenge the emergency rule, while also advocating for mediation to resolve the crisis without undermining the constitution.
He urged President Tinubu to facilitate reconciliation in Rivers State, stressing that emergency rule should not be a tool to settle political rivalries or sideline elected officials.
