President Bola Tinubu’s declaration of a state of emergency in Rivers State, leading to the suspension of Governor Siminalayi Fubara and state lawmakers, has sparked a constitutional debate.
While Section 305 of the 1999 Constitution empowers the President to impose emergency rule, legal experts question whether it grants him the authority to remove elected officials.
Section 305 of the 1999 Nigerian Constitution allows the President to declare a state of emergency under specific circumstances, such as threats to public order, public safety. However, the Constitution does not explicitly grant the President the authority to suspend elected state officials, including governors and state lawmakers, during such declarations.
Historically, the application of Section 305 has varied. In 2006, President Olusegun Obasanjo declared a state of emergency in Ekiti State, removing the governor and appointing an administrator. Conversely, in 2013, President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa States due to Boko Haram insurgency but allowed the governors and state assemblies to continue functioning.
On March 18, 2025, The ICIR reported that President Bola Tinubu declared a state of emergency in Rivers State, citing political instability and pipeline vandalism. He suspended Governor Siminalayi Fubara, his deputy, and all state lawmakers for six months, appointing a retired Vice Admiral as caretaker. This action has raised serious constitutional concerns and sparked legal debates.
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Some legal experts argue that the President’s powers under Section 305 do not extend to suspending elected officials, as the Constitution does not explicitly provide for such measures during a state of emergency. They contend that removing a governor should follow constitutional processes, such as impeachment by the state assembly. Others believe that in extreme situations threatening national security or public order, the President may take decisive actions, including suspending state officials, to restore stability.
Festus Ogun, a constitutional lawyer in his comment on Facebook, strongly condemned President Tinubu’s suspension of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly members, calling it unconstitutional, illegal, and undemocratic. He argued that while the President has the power to declare a state of emergency under Section 305, he lacks the authority to unilaterally remove elected officials.
Ogun described Tinubu’s appointment of Vice Admiral Ibokette Ibas (Rtd) as an Administrator as an abuse of power, questioning the legal basis for such an action. He warned that this sets a dangerous precedent that threatens Nigeria’s democracy, likening it to executive lawlessness.
Calling for immediate rejection of the move, he criticises Tinubu—a former pro-democracy activist—for undermining the very principles he once defended.
Inibehe Effiong, a human rights lawyer posted on his X account in reaction to the declaration that, “President Tinubu has no constitutional authority or power to suspend the governor of Rivers State and the members of the State Assembly.
The emergency powers under the 1999 Constitution does not give such powers to the President.”
The legality of Tinubu’s actions in Rivers State may ultimately be determined by judicial interpretation or potential constitutional amendments to clarify the extent of presidential powers during emergencies.