On Tuesday, March 18, 2025, President Bola Ahmed Tinubu, Commander-in-Chief of the Armed Forces, declared a state of emergency in Rivers State. This proclamation raises critical legal and constitutional concerns, particularly regarding its justification and procedural adherence.
In light of this development, and in the interest of the Ijaw people, we have consulted Chief (Dr.) Emmanuel Ezekiel-Hart, Head of Legal for the Ijaw Diaspora Council, to provide expert legal guidance. According to his analysis, while Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) grants the President the power to declare a state of emergency, its exercise must strictly adhere to the legal conditions stipulated therein.
Constitutional Provisions and Procedural Requirements
Section 305(1) of the Constitution states:
“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.”
This provision affirms the President’s authority to declare a state of emergency in Rivers State. However, such a declaration must be approved by the National Assembly, as outlined in Section 305(2), which mandates that the President must immediately transmit the Proclamation to the National Assembly—through the President of the Senate and the Speaker of the House of Representatives—for deliberation and approval.
Furthermore, under Section 305(3)(c), (d), and (e), a state of emergency can only be declared if:
There is an actual breakdown of public order and public safety to the extent that extraordinary measures are required to restore peace and security.
There exists a clear and present danger of such a breakdown requiring immediate intervention.
There is an occurrence or imminent danger of a disaster or natural calamity affecting a community within the Federation.
Crucially, under Section 305(4), the Governor of a State, with a two-thirds majority resolution of the State House of Assembly, may request the President to declare a state of emergency. However, in this case, Governor Siminalayi Fubara has made no such request, nor does the situation in Rivers State meet the constitutional threshold for an emergency declaration.
Assessing the Justification for the State of Emergency
The key question remains: does Rivers State currently face an actual breakdown of public order and safety, or an imminent disaster warranting emergency intervention? The evidence suggests otherwise.
Governor Fubara has asserted that no such conditions exist, and the mere occurrence of a pipeline explosion—as referenced by the President—does not constitute a valid ground for emergency rule. The federal government already controls security apparatuses such as the police and armed forces, which are equipped to handle incidents of vandalism without the need for emergency powers.
Furthermore, the President’s claim that Governor Fubara failed to act is misleading. The Governor does not control federal security agencies, and there is no evidence that he obstructed their response. Additionally, the assertion that the President intervened in the political crisis but was ignored does not constitute a legal basis for overriding the democratic governance of Rivers State.
Political Motivations and Constitutional Violations
The President’s statement suggests political bias in his decision, as he explicitly referenced the Governor’s “grave unconstitutional acts” without acknowledging that the Rivers State House of Assembly members—who vacated their seats—did so of their own accord, not under the Governor’s directive. In fact, the Governor has been in compliance with Supreme Court orders, and any legal dispute regarding governance should be addressed through judicial channels, not through an arbitrary declaration of emergency rule.
Moreover, the President cited the Rivers State Assembly’s failure to pass an Appropriation Bill as part of the justification for emergency rule. However, it is well-documented that Governor Fubara attempted to present the budget, but the Assembly—loyal to the President’s Minister, former Governor Nyesom Wike—refused to convene in defiance of the Supreme Court ruling. If the President was truly concerned about governance, he should have urged the Assembly members to fulfill their legislative duty rather than imposing emergency rule.
The President’s Own Contradictions
The President himself acknowledged that he had already restored order within 24 hours through security directives. If the security situation has been resolved, what then justifies the continued imposition of a state of emergency? This contradiction exposes the flawed and politically motivated nature of the declaration.
Furthermore, Section 305(5) stipulates that the President cannot declare a state of emergency in cases where the Governor has not made a formal request, unless the Governor fails to act within a “reasonable time.” Given that the alleged security threat was contained within a day, there is no basis to claim that Governor Fubara failed to act.
The Role of the National Assembly
The National Assembly must act responsibly to prevent an abuse of executive power. Approving this unconstitutional proclamation would set a dangerous precedent, undermining Nigeria’s democracy and the autonomy of state governments. Lawmakers must recognize that this is not about security but about political control—an attempt to weaken an elected Governor and impose federal dominance over Rivers State.
Conclusion: Reject the Unconstitutional Proclamation
The declaration of a state of emergency in Rivers State is illegal, unwarranted, and a direct affront to democratic governance. It does not satisfy constitutional requirements and appears to be a politically motivated maneuver rather than a genuine response to a crisis.
I urge the National Assembly to reject this proclamation in the interest of democracy, constitutional order, and the rule of law. Furthermore, President Tinubu must rein in his Minister, Nyesom Wike, and his loyalists in the Assembly, compelling them to abide by Supreme Court rulings rather than resorting to undemocratic tactics.
The people of Rivers State must not be disenfranchised by an executive overreach disguised as a security intervention. Democracy must prevail.
Professor Mondy Selle Gold
President, Ijaw Diaspora Council
