Is the state of emergency declaration in Rivers State legal? 

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Sunday Awosoro, Mohammed Taoheed

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The ongoing political tension in Rivers State began barely a year after Siminalayi Fubara was sworn in as Rivers State governor. This tension deepened in December 2023 when the Rivers State legislative complex was demolished, further crippling legislative functions. 

By Dec. 11, 2023, 27 lawmakers loyal to the former governor, Nyesom Wike, defected from the People’s Democratic Party (PDP) to the All Progressive Congress (APC). Only an Appeal Court order on Jul. 4, 2024, led to their reinstatement after Edison Ehie, the speaker of the Fubara-loyal four-member faction, announced their seats vacant. 

Citing the political instability in the state as justification, Nigeria’s president, Bola Tinubu, declared a State of Emergency (SoE) in Rivers State on March 18, 2025. In a nationwide broadcast, he announced the suspension of the governor, his deputy, and all state lawmakers for six months. He also appointed Ibok-Ete Ibas, a former Chief of Naval Staff, as the administrator to steer the wheels of the oil-rich state during the emergency period.

Brewing controversies 

President Tinubu’s declaration has triggered widespread debate, with Nigerians questioning its legality and intent. Critics argue that suspending a democratically elected governor and lawmakers lacks constitutional backing and sets a troubling precedent. Some see the move as politically motivated, suggesting it favours Mr Wike, now the Federal Capital Territory (FCT) minister, while unfairly targeting Governor Fubara.

On social media, opinions are sharply divided. While some support Tinubu’s decision as necessary to restore order, others view it as an overreach of executive power. A significant point of contention is the perceived inconsistency in government action, as Nigerians note that similar political and security crises in other regions did not lead to emergency declarations. 

Former Vice President Atiku Abubakar condemned the declaration, calling it political manipulation and a direct attack on democracy. The Nigerian Bar Association (NBA) has also expressed concerns over the constitutionality of the action. Meanwhile, many are questioning why Wike, widely seen as a key figure in the crisis, was not addressed in the emergency measures. 

The move has deepened concerns about Nigeria’s democratic stability, with many awaiting legal and political reactions to determine the long-term implications.

Is history repeating itself?

This move is not the first time a sitting Nigerian president has declared a SoE and suspended the governor. The situation of Rivers State mirrors past actions by former President Olusegun Obasanjo. In 2004, Obasanjo suspended Plateau State Governor Joshua Dariye and the state legislature over sectarian violence and appointed a retired general as administrator. When this happened, Tinubu, the sitting governor of Lagos State, described the former president’s action as illegal.

A similar move followed in 2006 in Ekiti State, where Governor Ayo Fayose was suspended amid a power tussle. 

Critics argue that these actions sideline democratic processes by bypassing constitutional impeachment procedures. Reacting to this SoE, activist Omoyele Sowore compared Tinubu’s move to Obasanjo’s, suggesting both used emergency declarations for political manoeuvring rather than genuine crises. 

As events unfold in Rivers State, concerns grow over the precedent this sets for executive authority in Nigeria.

What does the law say?

As amended, Section 305 of the 1999 Constitution allows the President to declare a state of emergency unilaterally in response to a “serious crisis.” However, for the declaration to remain valid, the government must publish it in the Official Gazette and submit copies to the Senate President and Speaker of the House of Representatives. The National Assembly is then required to convene and debate the proclamation, deciding whether to approve or reject it. If approved, the declaration remains in effect; if rejected, it becomes void.

Sidi Bello, a Sokoto-based lawyer, said this could be done within two days or “if they are not in session, then it can be made within 10 days.”

Section 305 (3) (a-g) identifies this “serious crisis” to be when: 

(a) the Federation is at war

(b) the Federation is in imminent danger of invasion or involvement in a state of war

(c) there is an 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

(d) 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

(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

Citing reports of militant activities and pipeline vandalism, Mujeeb Abdulwasiu, a legal practitioner in Lagos State, argued that the President’s declaration aligned with some of these conditions. He said that a president can declare a SoE when there is a breakdown of law and order in a state.

“When we try to link this up with the recent events in Rivers State, we can actually see. We can see different reports from the media trying to give the narrative that the militants in Rivers State have been breaking pipelines. And aside from that, the political turmoil in the state is degrading into a breakdown of law and order. We can relate these events to some of the conditions stated in that section,” he said.

Similarly, Barrister Bello said that the President has not acted outside the law by his declaration.

“You can see that the Rivers State is no longer functional. The executive arm of the government of Rivers State is not functioning. The assembly is not functioning,” he stated.

“As you may know, the House of Assembly directed the Department of Security Service to investigate the Chief Judge of Rivers. So, all three arms of government in Rivers State are not functioning. So this is a good ground to declare a state of emergency under section 305 of the 1999 constitution.”

Can a president suspend a governor in Nigeria?

While Section 305 of the 1999 Constitution empowers a president to declare a SoE, it does not grant the President the authority to remove or suspend elected state officials, including governors or lawmakers. According to sections 188 and 189 of the Constitution, the removal or suspension of a governor and his deputy must be through impeachment by the state House of Assembly. 

Section 11(4) of the Constitution allows the National Assembly to take over legislative functions if a state assembly cannot operate. It also does not give the President the power to suspend state lawmakers. The removal or suspension of lawmakers should follow internal legislative procedures or judicial intervention, not executive action.

Agbo Obinnaya, an Abuja-based lawyer, argued that it is illegal for the President to suspend a governor. He also said that the suspension of Fubara violates the constitutional rights of the people of Rivers State. Obinnaye noted that since the people elected him into office, suspending him “automatically overrides the power to vote and be voted for.”

Inibehe Effiong, a Public Interest and Human Rights Lawyer, maintained a similar stance in his recent tweet, stating, “President Tinubu has no constitutional authority or power to suspend the Governor of Rivers State and the members of the Rivers State House of Assembly. The emergency powers under the 1999 Constitution do not give such powers to the President.”

Reemphasising his position, Efiong referenced his 2014 opinion article, where he said that an elected governor can only cease to hold office by “impeachment, resignation, permanent incapacitation, death, or expiration of tenure.” 

He further argued that removing a governor through a state of emergency is unconstitutional, despite the precedent set by former President Olusegun Obasanjo in Plateau State.

“Any attempt to remove an elected state governor under the guise of declaration of the so-called ‘full state of emergency’ will be unconstitutional. Though such action is supported by the precedent set in Plateau State during the Olusegun Obasanjo dispensation, it remains an illegality, and we all know Obasanjo, with his military background, had an unenviable record of illegalities and disdain for the democratic ethos and Rule of Law during his sadistic and despotic days in power,” he explained. 

Conclusion

While the President has the constitutional authority to declare a state of emergency, the law does not support his decision to suspend elected officials. Ultimately, the legitimacy of this declaration hinges on the National Assembly’s approval, which will set a crucial legal and political precedent for Nigeria.