President Bola Tinubu declared a state of emergency in Rivers State on Tuesday, March 18, 2025, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for an initial period of six months.
The president appointed Vice Admiral Ibokette Ibas (rtd) as the administrator to manage the state’s affairs during this period. Notably, this declaration does not affect the judiciary’s functions.
Worsening the escalating political crisis in the state, LEADERSHIP reports that a recent explosion and subsequent fire on the Trans Niger Pipeline, which is a vital conduit for oil exports, raised concerns about the state’s security and economic stability.
What is a State of Emergency?
A state of emergency is a situation in which the government is given special powers to implement measures it wouldn’t normally be allowed to take to protect its citizens.
It can be declared before, during, or after events like natural disasters, civil unrest, armed conflicts, pandemics, or other biosecurity threats.
Such declarations often involve suspending or limiting certain civil liberties and enforcing special regulations to restore normalcy.
A state of emergency does not dissolve elected officers nor call for election within the state; it suspends and limits the powers of elected leaders throughout the period of the proclamation.
How a State of Emergency is declared in Nigeria
In Nigeria, the authority to declare a state of emergency is enshrined in Section 305 of the 1999 Constitution, which empowers the President to issue such a declaration when the nation faces significant threats, including war, public unrest, natural disasters, or any situation that poses a clear and present danger to the country or any part thereof.
The declaration requires official notices to be transmitted to the Senate President and the Speaker of the House of Representatives. To remain in effect, it must receive approval from a two-thirds majority in both chambers of the National Assembly.
The National Assembly is then required to meet within 2 days (if in session) or 10 days (if on recess) to vote on the emergency proclamation.
In the debate, lawmakers consider whether the situation meets the constitutional criteria and whether the emergency action plan is justified.
A two-thirds majority of each house must approve the proclamation; otherwise, it ceases to have effect. This recent proclamation by President Tinubu is still subject to this process.
National Assembly approvals for state-of-emergency proclamations have usually been obtained without much delay, often with bipartisan support, given the gravity of the crises at hand; once approved, the state of emergency is in full effect, and the federal government can implement emergency measures under its purview.
Historically, Nigeria has experienced several instances of emergency rule, including:
1. Western Region Crisis (1962): The first state of emergency was declared on May 29, 1962, in the Western Region due to political turmoil within the Action Group, the ruling party in the region.
Internal conflicts led to widespread unrest, prompting Prime Minister Sir Abubakar Tafawa Balewa to intervene by appointing Dr. Moses Majekodunmi as the administrator to restore order.
2. Plateau (2004): Citing the breakdown of law and order, President Olusegun Obasanjo declared a state of emergency in Plateau state in 2004 due to persistent ethnoreligious violence between Muslim and Christian Communities. He sacked elected governor Joshua Dariye and the state house of assembly, but local governments were left intact. At the end of the emergency, Dariye was reinstated to complete his term.
3. Ekiti States (2006): President Olusegun Obasanjo declared a state of emergency in Ekiti State in 2006 due to political crisis and breakdowns in public order. In 2004, Governor Ayodele Foyose and the state assembly were suspended for six months. Retired General Tunji Olurin was appointed sole administrator of the state.
4. 15 Northern Local Government Areas- Borno, Yobe, Plateau, and Niger- (2011-2012): Goodluck Jonathan on 31 December 2011 declared a limited state of emergency covering 15 Local Government Areas (LGAs) in four states (Borno, Yobe, Plateau, and Niger) that were hard-hit by Boko Haram or sectarian attacks.
By mid-2012, the federal government lifted the emergency in those 15 LGAs, citing improved security.
5. Northeastern States- Borno, Yobe, and Adamawa- (2013-2014): In response to escalating insurgency activities by Boko Haram, President Goodluck Jonathan also declared a state of emergency in Borno, Yobe, and Adamawa states in May 2013. Unlike 2004/2006, this emergency did not suspend the governors or dissolve the state assemblies of the affected states.
The emergency was extended twice, each for another six months, as the conflict persisted. As Nigeria headed into the 2015 general elections, the emergency lapsed without another extension, and full civilian rule was nominally restored in those states.
Implications of a State of Emergency
Military Presence: One of the first effects is deploying additional security forces. The President can direct the armed forces to take any necessary action to restore order.
The police typically remain present but play a supporting role to the military and focus on regular crime in more secure parts.
Enhanced Executive Powers: The president gains the authority to take extraordinary measures, which may include deploying military forces to maintain order, imposing curfews, and enacting special regulations without the usual legislative processes.
Suspension of Civil Liberties: Certain fundamental rights, such as freedom of movement, assembly, and expression, may be restricted to ensure public safety and order.
Administrative Changes: Elected officials, such as governors and legislators, can be suspended, with administrators appointed to oversee governance during the emergency period.
Judicial Considerations: While the executive branch’s powers are expanded, the judiciary typically continues to function, although certain legal processes may be adjusted to align with the emergency regulations.
Duration of a State of Emergency
The duration of a state of emergency in Nigeria is initially limited to six months. However, it can be extended with the approval of the National Assembly if the circumstances necessitate prolonged extraordinary measures.
Effect of a State of emergency on citizens
Citizens are expected to comply with the regulations imposed during this period, which may include adhering to curfews, roadblocks, restrictions on public gatherings, and other directives aimed at restoring normalcy.
Maintaining calm, staying informed through official mediums, and cooperating with authorities are crucial for ensuring personal safety and contributing to the collective effort to address the crisis.
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