NBA Slams Tinubu’s Actions: you lack constitutional power to removed Fubara
Ruling party candidate Bola Tinubu, addresses supporters in Abuja on March 1, 2023 during celebrations at his campaign headquarters. - Ruling party candidate Bola Tinubu won Nigeria's highly disputed weekend election, electoral authorities said on Wednesday, securing the former Lagos governor the presidency of Africa's most populous democracy. With President Muhammadu Buhari stepping down after two terms, many Nigerians hoped Saturday's vote would usher in a leader capable of tackling the country's widening insecurity, economic malaise and growing poverty. (Photo by Kola SULAIMON / AFP) (Photo by KOLA SULAIMON/AFP via Getty Images)
By M Mahmood
The Nigerian Bar Association (NBA) has strongly condemned President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, calling it an “unconstitutional encroachment on democratic governance”. The NBA argued that the President’s actions are a clear breach of the country’s federal structure and the Constitution.
At the heart of the controversy is the President’s suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly for six months. The NBA insisted that the 1999 Constitution does not grant the President the power to remove elected officials under the guise of a state of emergency.
Key Constitutional Concerns
The NBA highlighted several constitutional concerns, including:
- Section 305: The President’s declaration of a state of emergency must meet specific conditions, including war, external aggression, or a breakdown of public order and safety.
- Section 188: The removal of a governor and deputy governor requires clear procedures, which were not followed in this case.
- Constitutional Threshold: The NBA questioned whether the political crisis in Rivers State meets the constitutional threshold for the removal of elected officials.
NBA’s Call to Action
The NBA has called on the National Assembly to reject any attempt to ratify the removal of the Rivers State Governor and other elected officials. The association emphasized that the approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
The NBA 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.
Conclusion
The Nigerian Bar Association’s statement is a strong rebuke of President Tinubu’s actions, emphasizing the need to uphold the Constitution and protect Nigeria’s democracy. As the situation in Rivers State continues to unfold, it remains to be seen how the National Assembly and other stakeholders will respond to the NBA’s call to action.
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