THE Nigerian president, Bola Ahmed Tinubu, on March 18, 2025 declared a State of Emergency in Rivers State.
The declaration followed ongoing political turbulence in the oil rich state.
In a nationwide broadcast, the president suspended the state governor, Siminalayi Fubara, his Deputy, Ngozi Odu, and members of the State House of Assembly. However, he retained the state judiciary.
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Tinubu blamed the governor for allowing the political crisis in the state to escalate.
He particularly criticised Fubara for failing to take action after an oil facility was blown up in the state on Tuesday night.
Nearly 24 hours after the explosion, the president stated that the governor had yet to condemn the incident or reach out to him.
The president appointed Ibok-ete Ekwe Ibas, a rear admiral, as the state administrator.
History of emergency declarations in Nigeria
In Nigeria, a state of emergency is usually declared in times of crisis, significant civil unrest, heightened insecurity, or political turmoil.
In recent years, it has been implemented in reaction to riots, terrorist attacks, or during political crises.
Former presidents Olusegun Obasanjo, and Goodluck Jonathan, have previously declared states of emergency at different times.
Obasanjo in 2004 declared a state of emergency in Plateau State following a religious crisis.
Obasanjo sacked the state governor, Joshua Dariye, dissolved the legislature and appointed a retired army general, Chris Ali, as interim administrator for six months.
Obasanjo also declared another emergency in Ekiti State in October 2006.
This followed a leadership crisis, which threw the southwest state into chaos. The crisis started after the impeachment of the then-governor, Ayodele Fayose.
Obasanjo appointed Adetunji Olurin, a retired Brigadier General, as Administrator of the state.
In May 2013, Goodluck Jonathan declared emergency in three northern states: Adamawa, Borno, and Yobe in a nationwide television broadcast following an upsurge of insecurity in the affected states.
However, Jonathan departed from previous presidents by not removing the state governors in the affected states.
What is a State of Emergency
Although the 1999 Constitution does not categorically state the meaning of a state of emergency, Section 305 provides for the procedure for the declaration of one.
According to Section 305, specifically Section 305 (3) (a) to (g), the President shall have the power to proclaim a state of emergency only when: the federation is at war; the federation is in imminent danger of invasion or involvement in a state of war, or there is actual breakdown of public order and public safety in the federation or any part thereof to such extent as to require extraordinary measures to restore peace and security.
Other conditions are: If there is a clear and present danger of an actual breakdown of public order and public safety in the federation or any part thereof requiring extraordinary measures to avert such danger; (e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the federation; (f) there is any other public danger which clearly constitutes a threat to the existence of the federation; and if the president receives a request to do so in accordance with the provisions of subsection (4) of this section.
In line with the requirement of Section 305 of the constitution, which has been used to declare a state of emergency several times in Nigeria, the procedure to be followed states:
1. Subject to the provisions of this Constitution, the president may, by instrument published in the official Gazette of the Government of the Federation, issue a proclamation of a state of emergency in the Federation or any part thereof.
2. The president shall immediately after the publication, transmit copies of the official Gazette of the Government of the federation containing the proclamation, including the details of the emergency to the president of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation.
According to a published journal by Bright Erazie Oniha, a lawyer, titled “Legality of the Presidential Declaration of a State of Emergency in Some States in Nigeria and Its Implication on State Government Functionaries”, there are primarily two hurdles which the president must cross in order for there to be in place a legally valid declaration of a state of emergency.
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The first is the issuance of a proclamation of a state of emergency by an instrument published in the official gazette of the government of the federation.
The second hurdle is the immediate transmission of copies of the official gazette containing the proclamation, including details of the emergency, to the National Assembly for approval, which shall then consider the situation and decide whether or not to pass a resolution approving the same.
According to Oniha, until these two hurdles are effectively crossed, there cannot be a valid declaration of a state of emergency.
EDITOR’S NOTE:
* This report was republished from The ICIR. You can read the original article here.
