President Bola Tinubu’s declaration of a state of emergency in Rivers State has thrust the nation’s democratic framework into uncertain territory, in a dramatic escalation of tensions across Nigeria. What began as a localized power struggle has escalated into a constitutional crisis that may define the trajectory of Nigeria’s democracy for years to come, Chidubem Okeke writes.
Tinubu’s administration has anchored its intervention on Section 305(1) of the 1999 Constitution, which indeed empowers the president to “declare a state of emergency in any part of the federation.” The provision allows for such declarations during breakdowns of public order, threats to national security, natural disasters, or when requested by a state governor.
However, the critical constitutional overreach lies not in the declaration itself, but in the subsequent suspension of democratically elected Governor Siminalayi Fubara and the dissolution of the Rivers State House of Assembly. While the constitution explicitly outlines the conditions for declaring emergencies, it remains conspicuously silent on whether such declarations automatically confer the authority to remove elected officials.