Reactions has continue to trail following the State of Emergency declared by President Bola Tinubu yesterday, which has led to several calls from different quarters.
The Nigeria Bar Association, NBA has in a statement released by its president, Mazi Afam Osigwe, SAN, condemned the President’s action saying he does not have the constitutional power to unilaterally remove elected officials under the guise of emergency rule.
They argued that although the President has in his broadcast linked the action to political tensions and acts of pipeline vandalism which has occured in recent times, it does not in any way justify his actions.
They argued that the only constitutional method for removing a governor or deputy governor is through impeachment as outlined in Section 188, adding that although Section 305 of the 1999 Constitution, which governs the procedure for declaring a state of emergency grants the President emergency powers, it does does not give room for the removal or suspension of elected officials.
The NBA also noted that the National Assembly is supposed to give approval, and if not granted, the declaration will not be effective. They further charged the President not to truncate democracy.
On his part, the former Governor of Anambra state, Peter Obi has taken to his X handle to say the President’s decision is unilateral and unconstitutional which tramples democracy.
His post reads: “The unilateral decision of President Bola Tinubu to remove Governor Similaya Fubara of Rivers State from office is not only unconstitutional but also reckless.
It has plunged us back into a state of lawlessness, hugely undoing the progress we have made in these 26 years of democratic journey.
By disregarding the rule of law, the President has shown a dangerous willingness to trample on democracy.
The declaration of a state of emergency in Rivers State is not just reckless—it is a clear attempt to return us to a state of nature and tighten its grip on power at all costs.
It is a degrading back door imposition of martial rule on a strategic part of the federation with all the implied negatives .
The political situation on the ground in Rivers does not justify such an extreme measure, and it is also a biased interpretation of section 305(1) of the 1999 constitution.
A state of emergency does not mean an elected Governor can be removed unilaterally. This decision does not align with democratic norms or good governance. Instead, it appears to be a predetermined action serving specific interests rather than the collective good of the people of Rivers State and Nigeria.
This action constitutes an unconstitutional overreach, setting a dangerous precedent that threatens democracy, the rule of law, and the separation of powers. If left unchecked, it could foster a culture of impunity.
Having already been grappling with non-adherence to electoral qualifications, rules, and massive rigging, adding arbitrary removal of elected officials will push us to a state of nature and anarchy.
I appeal to the National Assembly and all stakeholders not to allow this to stand, as it only deepens the culture of impunity and brigand already threatening our democracy.
A new Nigeria is POssible! -PO
Meanwhile, the People’s Democratic Governors Forum has in a statement released by its chairman, Senator Bala Abdulkadir Mohammed, Governor of Bauchi State also faulted the President over his actions.
Their statement reads, “The Peoples Democratic Party Governors’ Forum ( PDPGF) notes with grave concern and utter misgiving the suspension of democratic rule in Rivers State by President Asiwaju Bola Ahmed Tinubu in his nationwide broadcast of Tuesday, 18th March, 2025.
“We stand in solidarity with His Excellency , Governor Sir Siminalayi Fubara of Rivers State and the good people of Rivers State at this very difficult and trying moment of the state’s political history. There is no other time that our philosophy of “TOUCH ONE TOUCH ALL” is more apt than now.
“He who goes to the court of equity must go with clean hands. Mr. President , your silence on the active role played by your Minister of the FCT in the Rivers impasse is golden and enabling. He has become a law unto himself because he was playing out your script. Now we know. This is totally unstatemanly, biased, and divisive.
“We state categorically that this unwarranted but premeditated attack on Rivers State and the Peoples Democratic Party and other opposition parties is today, the greatest threat to democracy in our dear country, Nigeria and it is an ill wind that will blow no one any good. It is a dangerous course of action that will not only endanger our hard won democracy, but will exacerbate the crises in the nation, deepen mistrust, elevate security threats, destroy the economy, and our national cohesion and stability.
