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Nigeria: Lawyers Move Conference From Rivers State, Cite ‘Unconstitutional’ Emergency Rule

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Nigeria: Lawyers Move Conference From Rivers State, Cite ‘Unconstitutional’ Emergency Rule

“Currently, Rivers State is being governed by a retired military officer, appointed as a Sole Administrator, who operates with a command-style approach that disregards constitutional provisions, court decisions, and pending litigation. His actions have undermined democratic institutions and processes, flouting the rule of law with impunity. Though clad in civilian attire, he governs as though the state is under military rule.

April 11, 2025
in Legal, Top Stories
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NBA logo and President, Afam Osigwe

NBA logo and President, Afam Osigwe

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By Enyichukwu Enemanna

The umbrella body of Nigerian lawyers has changed the venue of its 2025 Annual General Conference, earlier scheduled to hold in Port Harcourt, Rivers State capital, in protest against the emergency rule it tagged “unconstitutional”, imposed in the oil-rich state by President Bola Tinubu.

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The Nigerian Bar Association (NBA) has now relocated the conference venue to the South East state of Enugu, a statement jointly signed late Thursday night by NBA President Afam Osigwe (SAN), General Secretary Mobolaji Ojibara, and AGCPC Chairman Emeka Obegolu (SAN) said.

Though the initial announcement of Port Harcourt as the host city for this year’s conference was met with enthusiasm, the appointment of a sole administrator—a retired military officer reportedly employing a command-style approach, means the city can no longer be considered a viable host, the association said.

“The announcement that Port Harcourt, the Garden City, would host the 2025 Annual General Conference (AGC) of our Association was met with widespread enthusiasm. Indeed, prior to the declaration of a state of emergency in Rivers State on 18 March 2025, registration figures had soared, reflecting the excitement and eagerness of members to attend. However, the unfortunate turn of events in Rivers State has understandably stalled the momentum and affected advanced preparations for the Conference.

“Currently, Rivers State is being governed by a retired military officer, appointed as a Sole Administrator, who operates with a command-style approach that disregards constitutional provisions, court decisions, and pending litigation. His actions have undermined democratic institutions and processes, flouting the rule of law with impunity. Though clad in civilian attire, he governs as though the state is under military rule.

“The voices of our members, particularly those calling for a change of venue, grew stronger over time. We convened meetings with the Chairmen of NBA branches in Rivers State and held an emergency session of the National Executive Council (NEC) on 27 March 2025. The overwhelming consensus was that the NBA could not, in good conscience, proceed with the AGC in a state governed unconstitutionally by a Sole Administrator.

“The NEC reaffirmed that the state of emergency declared in Rivers State violates Section 305 of the 1999 Constitution. It further noted that the suspension of elected officials and democratic institutions contravenes Sections 11 and 188 of the Constitution. The purported ratification by the National Assembly, executed via voice vote rather than the constitutionally required two-thirds majority, amounts to a grave constitutional subversion. Even if the proper procedure had been followed, it would not legitimise an unconstitutional proclamation,” the NBA said.

The association added that, given the “undemocratic developments”, to hold its flagship event in such circumstances would amount to a tacit endorsement of constitutional violations and subversion of the rule of law.

It announced that the conference will now be held in the historic Coal City of Enugu, the capital of Enugu State.

“The NBA has taken a principled position in accordance with the law: the appointment of a Sole Administrator in Rivers State is unconstitutional. Consequently, and in alignment with the overwhelming position of NEC and the broader membership, we are compelled to relocate the 2025 AGC to a state where constitutional democracy remains intact,” it noted.

President Tinubu had, in a nationwide broadcast last month, declared a state of emergency in the oil-rich Rivers State, which suspended Governor Siminalayi Fubara and his deputy, Prof. Ngozi Odu, as well as the legislature.

This was due to political disagreement between Nyesom Wike, an appointee of the President, and the governor who succeeded him in 2023.

The President said he received “disturbing security reports detailing incidents of vandalisation of pipelines by some militants without the governor taking any action to curtail them”.

The Nigerian Bar Association (NBA) said it was “unconstitutional” to remove an elected governor, deputy governor, or members of a state’s legislature.

Opposition politicians are also questioning the legality of the President’s decision. Peter Obi, a former presidential candidate for the Labour Party, criticised the move, which he described as “reckless”, on X.

Tags: Nigerian Bar Association (NBA)
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