What The Law Says About State Of Emergency, Suspending Governor

President Bola Tinubu, on Tuesday declared a state of emergency in Rivers State, escalating the political crisis caused by a prolonged power struggle between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, who currently serves as the Minister of the Federal Capital Territory (FCT).

Naijaonpoint understands that the rift between Fubara and Wike has divided the state’s House of Assembly, with lawmakers at odds with the governor, further complicating governance in the oil-rich state.

In a nationwide broadcast addressing the situation, President Tinubu announced the suspension of Governor Fubara, his deputy, Ngozi Odu, and all members of the Rivers Assembly for an initial period of six months.

In a move to restore order, the President appointed retired Vice Admiral Ibok-Ete Ibas as the administrator of Rivers State to oversee its affairs during this period of suspension.

Does The President Have The Power To Declare An Emergency Rule?

Tinubu’s decision has raised important questions about the constitutional powers of the President to impose a state of emergency in a state.

Under Section 305 of the 1999 Constitution (as amended), the President has the authority to declare a state of emergency in Nigeria or any part of the country under specific conditions, including:

– War or imminent danger of war

– Breakdown of public order and safety to the extent that extraordinary measures are required to restore peace

– Natural disasters or other calamities affecting a community or section of the country

– Any other public danger that threatens the existence of the federation

– A formal request by the state governor

What Are The Procedures For Declaring An Emergency Rule?

The process for declaring a state of emergency is clearly outlined in the Constitution. First, the President must issue an official proclamation.

After this, the National Assembly (both the Senate and the House of Representatives) must approve the declaration within two days if the National Assembly is in session, or within ten days if it is not in session.

If approved, the state of emergency remains in effect for an initial period of six months, after which it may be extended if necessary.