State Of Emergency: What The Nigerian Constitution Says

President Bola Ahmed Tinubu, on Tuesday, declared a state of emergency in Rivers State over the lingering political crisis in the state.

The declaration came amid the rift between Governor Fubara and the Rivers State House of Assembly, said to be loyal to FCT Minister, Nyesom Wike.

The declaration suspends Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the state’s House of Assembly for six months.

But some Nigerians are, however, wondering whether it is constitutional for a president to suspend a governor

Below is what the Constitution has to say:

Section 305, subsection (3) of the 1999 constitution, states that “The President shall have power to issue a Proclamation of a state of emergency only 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 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; or

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

Subsection (4) provides, “The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.”

Subsection (5) states, “The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.”

Subsection (6) provides a timeline for the declaration: “A Proclamation issued by the President under this section shall cease to have effect:
(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;
(c) after a period of six months has elapsed since it has been in force: Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or
(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.”

In the case of Rivers State, based on subsection 3 (e) and (f), President Tinubu felt that the developments constituted an imminent danger and proceeded to declare a state of emergency in the state.

State Of Emergency: What The Nigerian Constitution Says is first published on The Whistler Newspaper