State OF Emergency Declared! Does Tinubu Have The Legal Right To Suspend Fubara

The deepening rift between Fubara and Wike has fractured the state’s House of Assembly, leaving lawmakers divided and governance in the oil-rich state in turmoil. In a nationwide broadcast, President Tinubu announced the suspension of Governor Fubara, his deputy, Ngozi Odu, and all members of the Rivers Assembly for an initial six-month period.

To stabilize the situation, the President appointed retired Vice Admiral Ibok-Ete Ibas as the administrator of Rivers State, tasked with overseeing governance during the suspension period.

Does the President Have the Authority to Declare a State of Emergency?

Tinubu’s decision has sparked debate over the constitutional limits of presidential power in imposing a state of emergency on a state government.

Under Section 305 of the 1999 Constitution (as amended), the President can declare a state of emergency under specific conditions, including:

• War or imminent threat of war
• Severe breakdown of public order and safety requiring extraordinary intervention
• Natural disasters or other national calamities
• Any public danger threatening the nation’s stability
• A formal request by the state governor

What Are the Procedures for Declaring a State of Emergency?

The Constitution outlines a clear process for invoking emergency rule. The President must first issue an official proclamation.

Following this, the National Assembly (both the Senate and House of Representatives) must approve the declaration:

• Within two days if the National Assembly is in session
• Within ten days if it is not in session

Once approved, the state of emergency lasts six months initially, with the possibility of an extension if necessary.