Section 305 of the 1999 constitution gives the president the power to declare state of Emergency when 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;

The major danger here is the threat to blow Oil pipeline which is not something the government can joke with
The Governor is having face off with the members of the house of assembly

And as such, after declaring state of emergency,.
The president will appoint an administrator to take over the affairs of the state for the period of six months or less depending on the situation at hand

And if there will be an extension beyond six months, the National Assembly will be needed to grant such requests

During the period of state of emergency
It is assumed that the president is now the one directing the affairs of the state and he appoints someone to represent him directly

And when the president is the one directing the affairs of the state for some period of time

It means suspension indirectly for the Governor and his deputy with the members of the house of assembly cos they can’t do anything within that period and they are powerless while the president is now directly in charge over the affairs of the state.

So, either tinubu mention it or not

We all know, it’s automatic suspension for the Government of the state as they are not capable to handle the situation at hand for the moment.

Although, the Pr£sident doesn’t not the constitution power to sack or suspend the Governor and his cabinet but during state of emergency, it’s perceived to be an indirect suspension for the Governor and his cabinet for the presidency to take over the affiars of the state for that period.

And if wayo wan enter the game, na so dem to continue to dey get more additional six months approval from the National Assembly till the Governor Tenure go complete and him no go fit do anything again.
That’s one scope to keep the Governor suspended till the end of his tenure

Tinubu is not the first president to declare state of Emergency

It happened under president olusegun obasanjo whete he declare SOE for plateau and Ekiti state 2004 and 2006 respectively

2013, President Jonathan did the same thing in Adamawa, Borno and Yobe states respectively

No president is as powerful by constitution as Nigeria president in the whole world under democracy rule

The powers given to the Nigerian president in the constitution are much

As the saying Goes

After GOD, Na Government ooooo

Although
Tinubu was absolutely wrong to declare that the Governor is suspended

Very wrong cos he lacks the constitutional power to suspend the G0vernor officially, the Governor can only be removed by impeachment

And during this State of Emergency period, they are supposed to work closely with the Governor on the affiars of the state.

But Political game on ground won’t make such happen

Make someone advice Fubara to buy my Ebook so that him go fit invest in stock Right from his phone during this six months holiday wey him don enter so

Make him contact Ekwutosblog on WhatsApp 08161158221 to get his own soft copy of my ebook

Ignorance of the law is no excuse

The Nigerian Bar Association (NBA) has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation today, 18th March 2025. This declaration according to the President is due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today:” This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.

Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.

The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.

A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.

The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.
For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:
1. War or external aggression against Nigeria.
2. Imminent danger of invasion or war
3. A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
4. A clear danger to Nigeria’s existence.
5. Occurrence of any disaster or natural calamity affecting a state or a part of it.
6. Such other public danger that constitutes a threat to the Federation.
The NBA questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration. Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.

The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.
Furthermore, subsection (2) of Section 305 provides that:
“A Proclamation issued by the President under this section shall cease to have effect—
(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or
(b) if the National Assembly is not in session, within ten days after it reconvenes.”

These provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect. The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.

In light of the foregoing, the Nigerian Bar Association:
• Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
• Calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
• Warns that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
• Demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
• Encourages all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.

The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.

We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.

Mazi Afam Osigwe, SAN
President, Nigerian Bar Association