Nigeria declares state of emergency in Rivers State

Nigeria is facing a legal crisis as President Bola Tinubu declared a state of emergency in Rivers State, citing prolonged political unrest. The President suspended Governor Sim Fubara and his deputy for six months and appointed retired Chief of Naval Staff, Vice Admiral Ibokete Ibas, as the sole administrator during this period. The move has stirred controversy, with the Nigerian Bar Association calling it unconstitutional, arguing that the 1999 Constitution does not grant the President the power to remove an elected governor or members of a state's legislature under the guise of a state of emergency. Evans Ufeli, a Constitutional Lawyer and Rights Advocate, shared insights on the matter in an interview on CNBC Africa. The legal basis for declaring a state of emergency in Nigeria is outlined in Section 305 of the 1999 Constitution. This provision allows the President to declare a state of emergency in situations such as tumult, mutiny, insurrection, or clear and present danger affecting the nation or any part thereof. However, the declaration must be transmitted to the National Assembly for concurrence within two days, or ten days if the Assembly is in recess, to be legally valid. In the case of Rivers State, President Tinubu's proclamation suspending the governor, deputy governor, and State House of Assembly members is deemed flawed and an overreach of his constitutional authority. While the President may declare a state of emergency, there is no provision in Section 305 authorizing the suspension of elected officials. The proper procedure for removing a governor is outlined in Section 188 of the Constitution, and the President's actions have been criticized as a misuse of power. Evans Ufeli stressed the importance of upholding the rule of law in challenging the President's declaration, emphasizing that the judiciary is the appropriate avenue for legal recourse in such matters. He highlighted historical judicial precedents that prohibit the arbitrary removal of democratically elected officials, affirming that the Supreme Court should adjudicate on the constitutionality of the President's actions. The legal uncertainty surrounding the situation raises concerns about the implications for democracy and federal-state relations in Nigeria. The President's actions set a dangerous precedent for circumventing the rule of law and undermining democratic norms. Evans Ufeli underscored the need to safeguard the principles of democracy and the separation of powers in addressing political tensions, cautioning against using state of emergency powers for political gain. He criticized the President's proclamation as an illegality that must be challenged through legal channels to restore constitutional order. Despite concerns about judicial inconsistency, Ufeli reiterated the importance of respecting the judiciary as the ultimate arbiter of legal disputes. He urged Governor Fubara and others affected by the declaration to seek redress in court to uphold the sanctity of the law and protect democratic institutions. As the situation unfolds, the resolution of the legal dispute in Rivers State will test Nigeria's commitment to upholding constitutional principles and the rule of law.