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President Bola Tinubu declared a state of emergency in Rivers State on Tuesday due to the lingering political crisis in the state.

The declaration was preceded by a security meeting the president held with security chiefs and leaders of the National Assembly at the State House on Tuesday.

Tinubu suspended the current Rivers governor, Sliminalayi Fubara, his deputy Ngọzi Odu, and all the Rivers State House of Assembly lawmakers.

The President also named a former Chief of Naval Staff, Admiral Ibokette Ibas, an administrator for Rivers State.

State Of Emergency

A state of emergency or emergency is a situation in which a government makes policies that it would ordinarily be unable to do, to protect and ensure the safety of its citizens. Such a state can be declared during civil unrest, armed conflict, epidemics, pandemics, and natural disasters.

To prevent abuse of power, powers of emergency are subject to some constitutional checks. The legislature must approve of any declaration made by the president. Then, the Senate and House of Representatives must deeply consider the situation and decide if they need to ratify. The judiciary plays no obvious role except when determining if the measures taken (which affect certain rights) are reasonably justified to deal with the situation.”

Flashback

The act of proclaiming a state of emergency in Nigeria began in 1962 during the regime of Prime Minister Tafawa Balewa when it was suspected that some members of the Action Group of Western Nigeria intended to overthrow the erstwhile government.

President Olusegun Obasanjo declared another state of emergency in 2004 in Plateau State. This time around, the then-elected governor and state house assembly were suspended because they failed to act during the incessant clashes between the Muslim and Christian communities.

Also, a State of emergency declared was by President Goodluck Jonathan in three states in 2013 (Borno, Yobe, and Adamawa States) after some deadly attacks by the terrorist group Boko Haram, which killed over 2,000 people.

What are the criteria for declaring a state of emergency?

A state of emergency can be declared when:

  • Nigeria is at war
  • The country is in imminent danger of invasion or involvement in a state of war
  • There is a breakdown of public order and public safety in any part of the country
  • There is a clear and present danger of an actual breakdown of public order and public safety
  • There is an occurrence or imminent danger of the occurrence of any disaster or natural calamity
  • There is any danger that constitutes a threat to the existence of Nigeria

What Happens When There’s A State Of Emergency?

The following additional powers can be exercised under the emergency rule:

  • Massive deployment of the armed forces to take charge of security in place of the policy
  • Invasion of people’s privacy (including homes and offices). Searches can be conducted without a warrant
  • Suspects can be arrested and detained without being charged
  • Special laws can be enacted to punish those who flout the emergency rules
  • Quasi-judicial bodies can be set up to try offenders
  • Rights to lawful assembly and freedom of expression and communication can be restricted
  • The Nigerian government can decide to take over the executive and legislative functions of the affected state
  • destruction and confiscation of private property without compensation to the victims
  • Restrictions on the conduct of private businesses including financial transactions.
  • Under emergency rule, the government enjoys wide powers which infringe on human rights and fundamental freedoms. The Siracusa Principles limit which rights can be infringed. During the enforcement of emergency rules, however, these principles might not be adhered to.

Dangers

The government can abuse the emergency powers. Dictators around the world abuse emergency rules. They impose restrictions on people’s rights and freedoms.

It can also lead to temporary suspension of the democratic order and pave the way for the ascendancy of anti-democratic forces. Nigeria runs a federal system – a situation where the federating units are expected to enjoy autonomy. But the country’s federal system is deeply flawed with power and resources inordinately in control of the central government.

In this situation, a state of emergency can deepen the unitary structure. The federal government can use the power at its disposal to encroach on the powers vested in the states by the Nigerian constitution.

Procedures For Proclamation Of State Of Emergency

Section 305 of the 1999 Constitution of the Federal Republic of Nigeria:

(1) Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.

(2) The President shall immediately after the publication, transmit copies of the Official -Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.

(3) The President shall have power to issue a Proclamation of a state of emergency only when –

(a) the Federation is at war;

(b) the Federation is in imminent danger of invasion or involvement in a state of war;

(c) there is an actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;

(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;

(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;

(f) there is any other public danger which constitutes a threat to the existence of the Federation; or

(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

(4) The Governor of a State may, with the sanction of a resolution supported by a two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.

(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to request the President to issue such Proclamation.

(6) A Proclamation issued by the President under this section shall cease to have effect –

(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;

(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by a two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;

(c) after six months have elapsed since it has been in force:

Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or

(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.