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NBA President Mazi Afam Osigwe, SAN, has condemned President Tinubu’s suspension of Rivers Governor Fubara and lawmakers, calling it unconstitutional. He argues the move violates the 1999 Constitution and threatens democracy. Osigwe urges adherence to legal processes, warning against setting dangerous precedents. The suspension sparks nationwide criticism.

The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has strongly condemned President Bola Tinubu’s decision to suspend Rivers State Governor Siminalayi Fubara and members of the State House of Assembly. Osigwe labeled the move as unconstitutional, warning that it threatens Nigeria’s democratic framework.

In a statement issued on Tuesday night, Osigwe pointed to Section 305 of the 1999 Constitution, which governs the declaration of a state of emergency. He argued that Tinubu’s actions failed to meet the legal conditions required for such a proclamation and did not justify the removal of elected officials.

While acknowledging that the President holds emergency powers, Osigwe stressed that these must follow due process. He reminded Nigerians that under Section 188 of the Constitution, a governor can only be removed through impeachment by the state legislature—not by executive fiat.

The NBA President also noted that a state of emergency does not automatically dissolve or suspend a functioning government. He referenced subsection (2) of Section 305, which mandates National Assembly approval within two days if in session or ten days if not.

Osigwe insisted that while political tensions exist in Rivers State, they do not constitute a total breakdown of law and order that would justify such an extreme measure. He urged the federal government to respect democratic institutions and the rule of law, warning that failure to do so could set a dangerous precedent for Nigeria’s democracy.

The controversial decision has sparked widespread criticism, with many Nigerians taking to social media to denounce what they see as an abuse of power. Some argue that Tinubu’s move is politically motivated, given his ties to former Rivers Governor Nyesom Wike. Others have called for legal action to challenge the decision and uphold constitutional order.