The recent declaration of a state of emergency in Rivers State and the purported suspension of the Governor by the President raises serious constitutional concerns. It is an illegal overreach, a dangerous precedent, and a blatant attack on Nigeria’s democracy and federalism.
1. The President Has No Power to Suspend or Remove a Governor.
The 1999 Constitution of the Federal Republic of Nigeria (as amended) is explicit on how a Governor may cease to hold office. Section 180(1) & (2) provides that the tenure of a Governor is four years unless the office is vacated due to:
1. Resignation (Section 180(1)(c))
2. Impeachment by the State House of Assembly (Section 188)
3. Death or permanent incapacitation
There is no provision in the Constitution that grants the President the power to suspend or remove a Governor under a state of emergency. The office of the Governor is not appointive but elective, and its tenure cannot be arbitrarily terminated.
The Supreme Court in A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt. 763) 264 reaffirmed that the President cannot unilaterally interfere with the governance of a state beyond what the Constitution expressly provides.
Even in previous instances where states of emergency were declared, Governors were never removed or suspended. The 2013 emergency rule in Borno, Yobe, and Adamawa under President Goodluck Jonathan did not lead to the removal of Governors because it would have been unconstitutional.
2. A State of Emergency Must Follow Due Process
For a state of emergency to be valid, Section 305 of the Constitution requires the following steps:
1. The President must issue a proclamation formally declaring the emergency (Section 305(3)).
2. The proclamation must be published in the Official Gazette.
3. The National Assembly must approve the declaration within two days if in session, or ten days if not in session (Section 305(6)(b)).
Without National Assembly approval, this so-called “state of emergency” has no constitutional effect. If due process has not been followed, it is illegal and unenforceable.
3. Deployment of the Military Without Legislative Approval is Unconstitutional
Reports indicate that federal forces have been deployed to take control of the Rivers State Government House. This is an alarming breach of constitutional order.
The Supreme Court in A.G. Lagos State v. A.G. Federation (2003) 12 NWLR (Pt. 833) 1 held that federal authorities cannot unilaterally interfere in the affairs of a state without express constitutional backing.
Furthermore, Section 217(2)(c) of the Constitution only allows the military to be deployed for maintaining order in a state if such deployment is sanctioned by the National Assembly. Any unilateral military action undermines civilian authority and violates democratic governance.
4. State of Emergency Should Not Be a Political Weapon
The history of emergency declarations in Nigeria shows that they are often used as political tools rather than genuine security measures.
In 2013, during the Goodluck Jonathan administration, a state of emergency was declared in Borno, Yobe, and Adamawa due to Boko Haram attacks. However, the governors were not removed because the Constitution did not permit it.
Even before that, President Olusegun Obasanjo’s attempt to remove governors through emergency rule relied on the outdated Emergency Powers Act of 1961, which is inconsistent with the 1979 and 1999 Constitutions.
A state of emergency should be a last resort for national security threats, not a tool for settling political scores or controlling opposition states.
5. What Next for Rivers State?
The Governor of Rivers State must immediately challenge this illegal action in court. There are strong grounds to:
Seek a declaration that the state of emergency and suspension are unconstitutional, citing Sections 305 and 180 of the Constitution.
Obtain an injunction restraining the Federal Government from interfering in Rivers State governance.
Invoke Section 217(2)(c) to challenge the illegal deployment of troops.
Engage the National Assembly to reject this illegal declaration.
6. A Warning to Nigeria’s Political Class: Playing with Fire.
History is filled with tragic lessons of what happens when leaders brazenly undermine democracy and suppress the will of the people.
1. The Nigerian Civil War (1967–1970) was ignited by political power struggles, electoral fraud, and military intervention in governance.
2. The June 12, 1993 crisis erupted after the military annulled the freest and fairest election in Nigeria’s history, leading to mass protests, repression, and political instability.
3. The 2011 Arab Spring revolutions across Tunisia, Egypt, Libya, and Syria were sparked by governments that disregarded the people’s will, resorted to dictatorship, and shut down democratic institutions. Many of those countries descended into war and chaos.
Nigeria’s political elite should beware: this reckless resort to illegalities is setting the country on a dangerous path. The continued suppression of democracy, disregard for constitutional order, and authoritarian tactics could trigger mass unrest or even a military coup—as history has shown in Nigeria and other nations.
Even today, military coups have overthrown governments in Mali, Burkina Faso, Guinea, and Niger, all because their civilian leaders lost legitimacy through impunity. If politicians continue to subvert the Constitution, manipulate security forces, and undermine democracy, Nigeria may not escape a similar fate.
The political class is sowing the seeds of disaster. If they persist in lawlessness and dictatorship, the Nigerian people may rise in defiance, just as they did in the past. And if history is any guide, such revolts can spiral into uncontrollable chaos.
Conclusion: Democracy Must Be Defended
This declaration of emergency and suspension of the Rivers State Governor is unconstitutional, undemocratic, and a dangerous precedent. If allowed to stand, it could set the stage for arbitrary takeovers of state governments at the whims of the executive.
Nigeria’s democracy is on the brink, and those in power must pull back from the precipice. The people will not tolerate tyranny forever.
President Bola Ahmed Tinubu must also be wary of his alliance with Nyesom Wike. Wike’s relentless quest to bring down Governor Siminalayi Fubara is not just a political battle—it is a ticking time bomb that could backfire disastrously. If Wike succeeds in destabilizing Rivers State, the fallout will not spare Tinubu’s administration. Rivers is too strategic, too volatile, and too politically significant to be thrown into chaos for personal ambitions. Tinubu must not allow himself to be dragged down by Wike’s vendetta.
If Nigeria’s leaders refuse to learn from history, they will soon face its harshest lessons. The rule of law must prevail—or the consequences will be dire.
Daniel A. Noah Osa-Ogbegie, a Benin based legal practitioner, writes from Iguosa, Benin City.