Clarifying the Constitutional Framework: Presidential Oversight of Regulations in Rivers State
Recent discussions have emerged regarding President Bola Tinubu’s declaration of a state of emergency in Rivers State and the subsequent appointment of a Sole Administrator. Some media outlets, notably Arise News, have suggested that the President is overstepping his constitutional boundaries by assuming legislative powers within the state. However, a closer examination reveals that the President’s actions align with constitutional provisions, particularly concerning the implementation of regulations during such emergencies.
Constitutional Basis for the State of Emergency
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing escalating political instability and threats to national security, including pipeline vandalism. This decision was anchored in Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which empowers the President to declare a state of emergency under specific circumstances. Subsequently, the National Assembly approved this proclamation, as mandated by the constitution.
Appointment and Role of the Sole Administrator
In the wake of the emergency declaration, President Tinubu appointed retired Vice Admiral Ibokette Ibas as the Sole Administrator of Rivers State for an initial period of six months. The Sole Administrator’s mandate includes restoring order, ensuring the security of vital infrastructure, and maintaining governance structures during the emergency period.
Distinguishing Between Laws and Regulations
A critical distinction exists between ‘laws’ and ‘regulations’:
Laws: These are formal legal statutes enacted by legislative bodies, such as the National Assembly or State Houses of Assembly.
Regulations: These are detailed directives or rules formulated by executive agencies or appointed administrators to implement and enforce existing laws.
In the context of Rivers State, the Sole Administrator is empowered to propose regulations necessary for the state’s administration during the emergency. These regulations are then submitted to the Federal Executive Council for review and ratification by the President. This process ensures that the regulations are in harmony with national policies and constitutional mandates.
Constitutional Provisions for Legislative Functions During Emergencies
Section 11(4) and (5) of the Nigerian Constitution stipulate that if a State House of Assembly is unable to perform its functions, the National Assembly may assume legislative responsibilities for that state. In this scenario, the National Assembly can enact laws applicable to the state, ensuring governance continuity. The regulations proposed by the Sole Administrator and approved by the President serve as interim measures to address immediate administrative needs until the National Assembly enacts formal laws.
Expert Opinions Supporting the President’s Actions
Public analysts have weighed in on this issue:
Reno Omokri, a public affairs commentator, highlighted that in the absence of a functional State House of Assembly, the federal executive has a constitutional duty to ensure governance through appropriate regulations.
Dr. Amiida, representing the National Patriots, emphasized that the President’s oversight of the Sole Administrator’s regulations is a necessary step to prevent administrative vacuums and maintain stability during the emergency period.
Conclusion
President Tinubu’s actions concerning the oversight of regulations proposed by the Sole Administrator of Rivers State are grounded in constitutional provisions designed to maintain governance during emergencies. The distinction between laws and regulations is pivotal; while the National Assembly holds legislative authority, the executive’s role in formulating and approving regulations ensures that governance continues effectively, even amidst crises.
Imran Khazaly
Headlinenews.news
