The Nigerian Bar Association (NBA) has faulted the decision of president Bola Tinubu to declare a state of emergency in Rivers state.
According to the NBA president, Afam Osigwe, SAN, though,
“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.”
He added in the statement that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the suspension of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
He says Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
The NBA, says that in line with section 305 subsection 2, that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.
It also Calls on the National Assembly not to ratify the president’s decision, in accordance with the rule of law.
