President Bola Tinubu on Tuesday exercised his constitutional power by declaring a state of emergency in Rivers State.

The president also suspended Governor Sim Fubara, his deputy, Ngozi Odu, and other elected officials, appointing Vice Admiral Ibok-Ete Ibas (rtd) to oversee the affairs of the oil-rich state. The decision is as a result of lingering political turmoil in the state which has led to the destruction of national assets.

The declaration of a state of emergency is one of the most extraordinary powers granted to the president of Nigeria under the 1999 Constitution (as amended). It is designed to address situations that pose severe threats to public safety, national security, or governance. However, this power is subject to strict constitutional provisions to prevent abuse.

Conditions for declaring a state of emergency

According to Section 305(3) of the Constitution, the president can only declare a state of emergency under specific circumstances, including:

War or imminent war: If Nigeria is at war or faces an imminent invasion (Section 305(3)(a) & (b)).

Breakdown of public order: If there is a complete breakdown of law and order that requires extraordinary measures to restore peace (Section 305(3)(c)).

Threat to public order: If there is a clear and present danger of such a breakdown (Section 305(3)(d)).

Natural disaster or calamity: If an occurrence, such as an epidemic, flood, or earthquake, affects a section of the country (Section 305(3)(e)).

Other public dangers: If any other serious situation threatens the existence of the Federation (Section 305(3)(f)).

Request from a state governor: If a state governor requests a state of emergency due to security or public order concerns, provided the state legislature supports the request by a two-thirds majority (Section 305(3)(g) & (4)).

The process of declaring a state of emergency

To declare a state of emergency, the president must follow a structured process outlined in Section 305 of the Constitution:

Issuance of a proclamation: The president issues an official proclamation of a state of emergency and publishes it in the Government?s Official Gazette (Section 305(1)).

Transmission to the National Assembly: Immediately after publication, the President must send copies of the proclamation, along with details of the emergency, to the President of the Senate and the Speaker of the House of Representatives (Section 305(2)).

Approval by the National Assembly: Both chambers of the National Assembly must convene to deliberate on the proclamation and vote on whether to approve it.

The approval must be supported by a two-thirds majority of all members of both the Senate and the House of Representatives (Section 305(6)(b)).

If the National Assembly does not approve the declaration within two days (if in session) or ten days (if not in session), the proclamation automatically ceases to have effect.

Duration and possible extension: A state of emergency initially lasts six months (Section 305(6)(c)). The National Assembly can extend it for additional six-month periods if necessary, through another resolution passed by a two-thirds majority (Section 305(6)(c), proviso).

The National Assembly can also revoke the state of emergency at any time by a simple majority vote (Section 305(6)(d)).

Revocation of a state of emergency: The president can revoke the proclamation at any time through an official instrument published in the Government?s Official Gazette (Section 305(6)(a)).

If the National Assembly fails to approve or extend the proclamation, it automatically ceases to have effect after the stipulated period.

Implications of a state of emergency

Once declared, a state of emergency grants the federal government broad powers to restore order, which may include: Historically, the president always suspended elected state officials (e.g., the Governor, Deputy Governor, and State Assembly members). However, the constitution is silent on whether elected officials will be suspended during this period or not.

Deploying security forces to restore law and order.

Restricting movement or imposing curfews.

Issuing emergency regulations to stabilize the affected area.

Lawyers fault suspension of Fubara, others

However, lawyers and legal practitioners have faulted the suspension of Fubara, his deputy and other elected officials in Rivers State.

Reacting to the president?s declaration, Inibehe Effiong, a human rights lawyer, on his X account said that ?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 does not give such powers to the President,? he added.

Corroborating Effiong, Ridwan Oke, another lawyer, agreed that the president has the power to declare a state of emergency but can?t suspend any elected official.

?WHAT I EXPECT FROM THE PRESIDENT MOVING FORWARD: Clarify and expressly rescind the decision to appoint a Sole administrator as it is unconstitutional,? Oke said.

?Rescind the illegal decision to suspend the Governor, Deputy Governor and members of the House of Assembly.? (BusinessDay)

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