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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”

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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

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Lagos-Calabar Coastal Highway a big scam – Ex-SGF Babachir Lawal

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A former Secretary to the Government of the Federation, SGF, Babachir Lawal, has described the Lagos-Calabar Coastal Road as a big scam.

This was a he accused the administration of President Bola Tinubu of failing to work for the people.

The ex-SGF made this statement on Friday, when he featured on ‘Inside Sources with Laolu Akande’, a programme on Channels Television.

“If you ask me, ‘What projects has this government implemented so far that are visible to Nigerians and have impacted their lives?’ I cannot see any. At least in northern Nigeria, where I am a frequent traveller, for example, I don’t see any road that they are constructing or rehabilitating. In the South-West, I don’t think there is any.

“They are still talking about the Lagos-Ibadan Expressway, which it appears every government talks about and votes money for, and it never goes anywhere. Their so-called coastal road is just a scam. Every Nigerian knows it is a scam. Even before they started, we knew it would be a scam, and it has become a scam,” he said.

Ekwutosblog recalls that in May, President Bola Tinubu commissioned the first phase —30km, which stretches from Ahmadu Bello Way to Eleko Village Area in the Lekki Peninsula.

Barely two months after that, the Federal Government secured a $747 million loan to finance the 700km road project, a move that has stirred criticisms from Nigerians, especially opposition figures who accused the Tinubu administration of excessive borrowing without visible results.

Lawal argued that the government has no tangible projects to justify the debts.

He added, “You borrow money from Europe, and before it comes, it is spent over there. So, I don’t understand. What can Nigerians see?

“It has become such that the President can go and commission 30 kilometres of a 700km road — which has even become a source of controversy. So, what are they doing with our money?”

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Buhari’s attitude to work changed after medical leave – Garba Shehu

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A former Senior Special Assistant to ex-President Muhammadu Buhari, Garba Shehu, has revealed what was different about his principal before he was sick and when he came back from treatment abroad.

Garba Shehu, spokesperson for Buhari, worked with the former president between 2015 and 2023, when he handed over to President Bola Ahmed Tinubu.

Buhari’s longest medical trip to London lasted about 104 days, and Shehu said the former president came back energised with a totally different attitude to work.

Asked what was different about Buhari before he was sick and Buhari when he came back from treatment, the former presidential aide said, “There were far more restrictions because he read everything. He worked very late into the nights. I think after his return, greater control was put in place.”

On the former president’s recent ailment, he added, “It was not as intense as reported. He (Buhari) was hospitalized, and now he is being cared for.

“He is in recovery mode now. Each day he gets better, but until it’s all over, you can’t say it’s all over.”

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Supreme Court judgment: APC supporters locked out of celebration at Edo Govt House

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Hundreds of persons, including members of the All Progressives Congress, APC, and market women, among others, were on Friday denied access to the Edo State Government House during the celebration of Governor Monday Okpebholo’s victory at the Supreme Court.

The supporters of the party were reportedly barred from entering the Government House by security operatives who said they were acting on instructions.

Ekwutosblog recalls that the Supreme Court had on Thursday validated the decisions of the lower courts, the Election Petition Tribunal and the Court Appeal, which upheld Okpebholo as the winner of the September 21, 2024, governorship election.

 

As a result of the judgment, members and supporters of the APC, as well as market women and youths, gathered at the Benin Airport as early as 7:00 am to give the governor a rousing welcome.

The jubilant supporters were still at the airport at about 12.40 pm when the governor’s aircraft touched down.

Following the euphoria of the victory, the supporters, many of whom were not mobile, proceeded on foot in a road procession with Okpebholo’s convoy, chanting solidarity songs.

The procession, which lasted for about an hour, terminated at the Edo State Government House.

The supporters were, however, stunned when they were prevented by security operatives from going into the Edo State Government House with the governor.

The bewildered supporters took turns to lament the development, with many raining insults on the authorities.

One of the supporters, who simply identified herself as Mrs Omogiate, said they were informed by security operatives that only Very Important Personalities (VIPs) would be allowed into the Government House for refreshments

According to her, “in the worst moments of ex-governor Godwin Obaseki, supporters and members were not shabbily treated like this”.

Another supporter who spoke on the condition of anonymity, said, “They have won now, and they have decided to build a wall around themselves.

“I left my house before 700 am for the airport and stood under the sun for hours before the arrival of the governor.

“We engaged in a road show with him till we got to the Government House, only for us to be shut out. This is unfair.”

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