1.0 Introduction
On the 18 of March 2025, the President of Nigeria, President Bola Tinubu, in a national broadcast announced the suspension of the governor of Rivers State, Governor Fubara, as well as the suspension of the State House of Assembly, due to the fracas and uncertainty that had occurred in the State for more than six [6] months. The President relied on section 305 of the 1999 Constitution as ground for declaring a state of emergency in Rivers State, as well as suspending both the governor and the State House of Assembly for a period of 6 months, to ensure parties reconcile. For the period of 6 months, an interim administrator was put in place by the President to oversee the day-to-day running of the State.
This article will therefore assess the meaning of a state of emergency as well as situations that may warrant the proclamation of a state of emergency; it will further assess whether a sitting governor can be suspended by the President without constitutional backing.
2.0 What is a State of Emergency?
The announcement of a state of emergency by the President was on the premise that the damaging of pipelines would cause economic issues to the country, and likely lead to anarchy in Nigeria. Hence, it is important to analyze the meaning of a state of emergency, and situations which may warrant it being triggered.
A state of emergency can be described as a situation whereby a democratically elected government puts in place plans to avoid the occurrence of actions which may cause harm or instability to the government. Further, section 45(3) of the 1999 constitution defines a state of emergency as:
any period during which there is in force a proclamation… …declared by the president in exercise of the powers conferred on him under section 305 of this Constitution.
From the above, it can be noted that in Nigeria, a state of emergency is a power reserved for the President to exercise. This power is allowed under section 305 which states that the President may proclaim a State of Emergency by publishing an official gazette to this effect.
2.1 Situations which may warrant the Institution of a State of Emergency
There are several situations which may warrant the institution of a state of emergency in Nigeria. Section 305 (3) of the 1999 constitution of Nigeria [as amended] provides that a state of emergency may occur in the following situations:
- Where the country is at war;
- Where the country is on the verge of being invaded or involved in a war;
- Where there is a breakdown of law and order, and public safety in any part of the country, which may require intervention to restore peace and security;
- Where there is the possibility of danger which may cause an actual breakdown of law and order in any part of the country;
- Where the President has been requested to do so, etc.
While taking into account the above, it is essential to note that the President’s declaration of a state of emergency is subject to section 305(2) of the constitution which requires the National Assembly to pass a resolution approving the proclamation. Thus, the proclamation must meet the criteria set in section 305(3) of the constitution, but is subject to section 305(2) of the constitution. In the current situation, the President identified the damage inflicted on pipelines in Rivers State – which may cause economic and possibly security challenges to the country, as a reason for instituting a state of emergency in the state.
3.0 Can a Governor Be Suspended?
The question of whether a sitting governor can be suspended or not is one that has been asked overtime since the incident. It is important to note that under the 1999 constitution, there is only one way to remove a sitting governor – and that is by a notice of impeachment by the State House of Assembly.
Section 188 of the 1999 constitution [as amended] provides that a sitting governor may be removed where at least one-third of the State House of Assembly submit a written notice providing a notice of gross misconduct on the part of the governor.
It is important to note however, that before the suspension by the president, the State House of Assembly were in the process of removing the governor, as they were empowered to do under the constitution. Their allegations bordered on the actions of the governor – including the presentation of the budget without the majority of the members of the House present – and the decision of the Supreme Court holding that the appropriation bill passed was null and void, as it did not follow the required process for it to be passed.
Thus, considering the position of the constitution on the removal of a sitting governor, suffice to say that any removal or suspension by the President or any other authority – asides the State House of Assembly, is contrary to the provisions of the 1999 constitution [as amended]. It must however be noted that the aforementioned action [the removal and suspension of the governor] is not without any precedent. In 2004, former President Olusegun Obasanjo declared a state of emergency in Plateau State, removing the governor and suspending the State House of Assembly for six months. In 2006, the former President also did the same action in Ekiti State – suspending the governor as well. However, in 2013, former President Goodluck Jonathan declared a State of emergency in 3 states – but did not suspend or remove the sitting governor or State House of Assembly.
4.0 Conclusion
In conclusion, the declaration of a state of emergency is within the powers of the President of the country. However, there are several processes which must be followed, as well as situations where it may be declared. Further, it can be asserted that the actions of the President are not in conformity with the sections of the constitution, as it does not provide for the suspension of a governor, rather, the removal of the governor can only be achieived by X votes by the State House of Assembly.
