The Unconstitutionality of President Bola Ahmed Tinubu’s State of Emergency Declaration in Rivers State

1.0 Introduction

1.1 On March 18, 2025, President Bola Ahmed Tinubu¹, citing section 305(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), declared² a state of emergency in Rivers State and ordered the suspension of the elected Governor Sir Siminilayi Fubara and Deputy Governor Prof. Ngozi Odu, including all members of the Rivers State House of Assembly for initial period of 6 months, with effect from 18^th day of March, 2025³.

The president went further to nominate Vice Admiral Ibokette Ibas (Retire) to take over as the new Rivers State Governor and Administrator for an initial period of 6 month⁴. This unprecedented action raises grave constitutional, legal, security, economic, and political concerns, as it clearly exceeds the powers vested in the President by the Nigerian Constitution.

A close analysis of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and relevant judicial precedents reveals that the President’s action is unconstitutional, illegal, and a dangerous precedent that threatens the foundation of Nigeria’s democracy.

2.0 Constitutional Provisions on a State of Emergency

The power of the President to declare a state of emergency is governed by Section 305 of the 1999 Constitution. The relevant provisions state that:

a. Only the President Can Declare a State of Emergency

Section 305(1) empowers the President to proclaim a state of emergency in Nigeria or any part thereof by an instrument published in the Official Gazette.

b. Conditions for Declaring a State of Emergency

Section 305(3) limits the grounds for such a proclamation to:

• War or external aggression.
• Imminent danger of invasion or insurrection.
• Breakdown of public safety or law and order.
• Natural disasters such as earthquakes or floods.
• Public health emergencies such as pandemics.
• A breakdown in the functioning of a state government where the governor formally requests it.

3. National Assembly Approval is Mandatory

Section 305(6) requires the National Assembly to approve the proclamation within two days⁵ or ten days⁶.

4. The President Cannot Suspend or Remove Elected Officials; governpr, deputy or legislators

Combined reading of section 11(4) & (5) provides that even in an emergency, the legislative powers of a state shall not be suspended. However, the National Assembly may law to apply to a state only when the House of Assembly of that State is unable to perform its functions by reason of the situation prevailing in that State-

Provided that nothing in the section shall be construed as conferring on the National Assembly power to remove the governor or deputy governor of the state from office.

The only constitutional means of removing a governor are:

• Impeachment under Section 188 of the Constitution.
• Resignation, death, or permanent incapacity.
• Nullification of the election by a court.

5. Why President Tinubu’s Action is Unconstitutional

The President Lacks the Power to Suspend a Governor

Nowhere in Section 305 or any other law is the President given the power to remove, suspend, or replace a sitting governor. His action of removing from office, as governor and deputy governor respectively, of His Excellency, Sir Siminilayi Fubara and deputy, Prof. Ngozi Odu and all members of the Rivers State House of Assembly runs contrary to section 1(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides thusly:

The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this constitution.

It is my submission that the unceremonious suspension order of Mr. president on the governor, deputy and the House of Assembly members is inconsistent with our laws, and thus an affront to democracy and therefore ought be declared a nullity by the Court⁷.