On March 18, 2025, President Bola Ahmed Tinubu declared a state of emergency in Rivers State, citing escalating political crises and security threats. The declaration, made under Section 305 of the 1999 Constitution, resulted in the suspension of Governor Siminalayi Fubara, his deputy, and state legislators for six months. Vice Admiral Ibok-Ete Ibas (Rtd.) was appointed as the state’s interim administrator.
The announcement has sparked debates over whether the President has the constitutional authority to remove an elected governor during a state of emergency.
What Is a State of Emergency?
A state of emergency grants the government temporary powers to override normal legal processes to restore order. This may involve deploying security forces, restricting civil liberties, and suspending democratic institutions.
Under the Nigerian Constitution, a state of emergency can be declared in cases of war, imminent security threats, natural disasters, or political instability. However, such a declaration requires approval from the National Assembly within a specified timeframe.
Can the President Remove a Governor?
Legal experts argue that the Nigerian Constitution does not grant the President unilateral power to remove a governor, even under a state of emergency. Section 305 allows for extraordinary measures to restore peace, but it does not explicitly authorize the suspension of elected officials.
Renowned legal figures, including Femi Falana (SAN) and the Nigerian Bar Association (NBA), have asserted that governors can only be removed through impeachment (Section 188) or other constitutional means. The 1960 and 1963 constitutions once allowed the federal government to dismiss state governors, but this provision was removed to prevent federal overreach.
Implications of the Rivers State Emergency
Tinubu’s decision has raised concerns about constitutional overreach and potential political manipulation. Critics argue that if upheld, this move could set a dangerous precedent for executive interference in state governance.
While the President has justified the measure as necessary to curb security threats, legal battles and political resistance are likely to follow, shaping the future of Nigeria’s federal system.
