By Ayodele Oni
The National Assembly has confirmed that it was briefed about the emergency rule in Rivers State before President Bola Tinubu made the decision public.
Spokesman of the House of Representatives, Akin Rotimi Jnr, stated that “I can confirm that the National Assembly was duly consulted by His Excellency, President Bola Ahmed Tinubu, GCFR, in reaching this decision.
“The leadership of the National Assembly met with the President and the National Security Adviser ahead of the broadcast, alongside key security chiefs.
“During this meeting, they were fully briefed on Mr. President’s intentions, and all present unanimously expressed their support.
“Furthermore, Mr. President’s formal letter, informing the House of Representatives of his decision and seeking approval in line with Section 305 of the Constitution, has been transmitted and will be read during plenary tomorrow, Wednesday, March 19, 2025, with further legislative action to be debated and decided.”
Recall, however, that the briefing being referred to, was held same day as the emergency rule action was taken.
The Nigerian Bar Association (NBA), holds a different opinion. In a reaction the NBA maintained 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 through its President,
Mazi Afam Osigwe, SAN, pointed out that “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.
“Furthermore, subsection (2) of Section 305 provides that: “A Proclamation issued by the President under this section shall cease to have effect—
(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or
(b) if the National Assembly is not in session, within ten days after it reconvenes.”
“These provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect.
“The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.
“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.
“Calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
“Warns 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.
“Demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
“Encourages all 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.”
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