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“STATE OF EMERGENCY IN RIVERS: “SUSPENSION” OR OTHERWISE SUMMARY REMOVAL OF A DEMOCRATICALLY ELECTED GOVERNOR AND OTHER ELECTED OFFICIALS IS UNCONSTITUTIONAL”
The Nigerian Bar Association (NBA) has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation today, 18th March 2025. This declaration according to the President is due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today:” This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.
Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.
The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
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 firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.
For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:
1. War or external aggression against Nigeria.
2. Imminent danger of invasion or war
3. A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
4. A clear danger to Nigeria’s existence.
5. Occurrence of any disaster or natural calamity affecting a state or a part of it.
6. Such other public danger that constitutes a threat to the Federation.
The NBA questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration. Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
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.
The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.
We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.
Mazi Afam Osigwe, SAN
President, Nigerian Bar Association
News
AMNESTY INTERNATIONAL FLAGS IMO “TIGER BASE,” VOWS PUBLIC DISCLOSURE OF ALLEGED RIGHTS VIOLATIONS.
By Prince Uwalaka Chimaroke
14- DEC- 2025
Amnesty International has announced plans to make public, within the week, a comprehensive report detailing alleged human rights violations at the Tiger Base detention facility in Owerri, the Imo State capital. The organisation said its findings point to what it described as deep-rooted and disturbing practices that raise serious concerns about the conduct of security operations and the protection of fundamental rights.
Speaking on behalf of the organisation, the Country Director of Amnesty International in Nigeria, Isa Sanusi, stated that the group’s investigations, carried out over several months, uncovered accounts that suggest a pattern of abuse at the facility. He described the allegations as severe and warned that their implications extend beyond Imo State to Nigeria’s broader human rights reputation.
According to Sanusi, Amnesty International believes that the continued operation of facilities accused of such practices undermines public trust in the justice and security system. He stressed that the organisation is releasing its findings in the interest of transparency and public awareness, noting that citizens have a right to know how detention centres are being run.
The rights body also called on relevant authorities to respond promptly to the allegations, emphasizing the need for independent scrutiny and accountability where violations are established. Amnesty maintained that addressing such concerns decisively is essential to restoring confidence in law enforcement institutions.
Beyond the situation in Imo State, the organisation also commented on recent political developments in West Africa, including the attempted coup in the Benin Republic. Sanusi clarified that Amnesty’s position is not driven by political interests but by concern for the human rights consequences that often accompany military interventions and political instability.
He observed that military takeovers frequently result in the erosion of civil liberties and the suspension of democratic safeguards, adding that the recurring instability in the sub-region highlights the urgent need to strengthen democratic institutions and governance structures. According to him, democracy remains the most reliable framework for safeguarding human rights when it functions effectively and delivers justice to citizens.
Amnesty International further noted that it will continue to monitor developments in Benin and other parts of the region while sustaining its focus on domestic human rights issues in Nigeria. The organisation reiterated that the protection of human dignity must remain paramount, regardless of political or security challenges.
Sanusi concluded by stating that the forthcoming report on the Tiger Base facility should be seen as a call for introspection and reform, stressing that accountability within Nigeria is closely linked to the country’s standing and credibility on the international stage.
News
UK Will Pay With Blood If It Doesn’t Take Putin’s WW3 Warning Serious – Ukrainian Major Warns (Details)
A senior Ukrainian military officer has warned that Britain is dangerously unprepared for a major war and could pay a “high price” if Russian President Vladimir Putin expands the conflict in Ukraine to Europe.
Viktor Andrusiv, a major in the Ukrainian armed forces and former presidential adviser, said the UK must urgently learn from Ukraine’s experience before it is too late. His warning comes amid growing concern across NATO that Russia could escalate hostilities if diplomatic efforts fail.
Speaking against the backdrop of renewed calls by NATO Secretary General Mark Rutte for Europe to prepare for war “like our grandparents endured,” Andrusiv said the greatest danger lies in disbelief. According to him, many people in Western countries still struggle to accept that large-scale war on European soil is a real possibility.
“The biggest problem is that people don’t believe this can happen,” Andrusiv said. He noted that Ukraine faced a similar mindset before Russia’s full-scale invasion, when the idea of tank columns and missile strikes seemed unthinkable in the 21st century.
Putin has recently warned that Russia is prepared to go to war with Europe if peace talks over Ukraine collapse, raising fears of a direct confrontation with NATO. Such a scenario would automatically draw in the UK under the alliance’s collective defence commitments.
British defence chiefs have already cautioned that the country’s armed forces have been “hollowed out” after decades of reduced military spending following the Cold War. Andrusiv agreed with that assessment, arguing that the UK’s military structure and equipment are outdated.
“I am sure you are not prepared,” he said. “That doesn’t mean you would lose for sure, but if you are not prepared, you will pay a higher price.”
News
“Bandits Who Killed My Husband Threatening To Kill Me If I Dont Marry Their Leader” – Plateau Widow Cries Out For Help
A young widow in Plateau State has raised the alarm over persistent death threats allegedly issued by terrorists who killed her husband and are now pressuring her to marry one of their leaders or risk being murdered alongside her children.
The woman, who identified herself simply as Nanbam, disclosed her ordeal on Friday during an interview with the international non-governmental organisation, Equipping the Persecuted. She said her husband was among 40 residents killed during a brutal attack on Mushere community in Bokkos Local Government Area in August.
According to Nanbam, the assailants stormed the village, surrounded residents and carried out mass killings. She alleged that her husband was gruesomely murdered, claiming that his attackers mutilated his body before disposing of it in a nearby pond.
She further revealed that shortly after the attack, the same group began contacting her, insisting that their leader wanted to marry her. Nanbam said the calls started on the very day her husband was killed, allegedly made using her late husband’s phone number.
“They told me their leader wanted to marry me,” she said, adding that she rejected the proposal outright, stating she would never marry someone responsible for killing her husband and the father of her children.
Nanbam alleged that since then, the threats have intensified, with the callers warning that she and her three children would be killed if she continued to refuse the marriage and decline conversion to Islam. She said the callers frequently use different phone numbers, making it difficult to block or trace them.
In a bid to escape the threats, the widow said she relocated to her hometown in Mangu Local Government Area. Despite changing her SIM card on the advice of family members, she said the calls resumed weeks later, with the callers claiming they had tracked her location and threatening to attack not only her but also her children and extended family members.
She described her situation as desperate, noting that she is still grieving her husband while struggling to raise her children alone amid constant fear for their lives.
Nanbam also alleged that her attempt to seek help from the police yielded no meaningful response. She claimed officers told her the callers could not be traced due to the use of multiple phone numbers and allegedly asked her to provide money to support tracking efforts, a request she said she could not afford.
“I don’t know where to run to anymore,”she lamented, appealing for urgent help and protection as she fears that her life and those of her children remain in imminent danger.
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