The mercury has burst through the threshold on Rivers State’s political thermometer following the recent declaration of a state of emergency by President Bola Ahmed Tinubu.

The President, relying on Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), suspended the Governor, Deputy Governor, and House of Assembly for six months while appointing a sole administrator to oversee the state’s affairs during that period.

Thus far, there is a feeling in some quarters that the declaration is unreservedly marvelous in all its incarnations that it would take a fool or someone uninformed to raise any objections to it, given the long running political crisis in Rivers State. 

Yet, scholars of constitutional law find the declaration unsettling. The informed are simply dazed or confused by the declaration, arguing that democracy is now on leave in Nigeria and that the President has effectively dismantled the Constitution, and it is not difficult to see why.

The presidency’s declaration, it appears, hinges on the ambiguity of Section 305, specifically leveraging the lack of a precise definition for “extraordinary measures” to justify the suspension of the elected governor and members of the House of Assembly. However, while there may be a perceived gap, it is implausible that the framers of the Constitution intended “extraordinary measures” to encompass such a drastic action. A careful perusal of the provision reveals that it permits the President to take extraordinary measures “in the Federation or any part thereof” to restore order or avert danger. By that logic, if there were a national breakdown of order, it would be impossible for the President to suspend himself and the National Assembly.

In any case, nowhere in the Constitution does it suggest that removing elected officials constitutes an “extraordinary measure.” On the contrary, the Constitution provides specific procedures for the removal of a governor or members of the House of Assembly, none of which involve unilateral executive action.

Furthermore, the Nigerian Constitution does not recognize the office of a sole administrator in the governance structure of states. This is why constitutional scholars are perplexed about the legitimacy of such a position, given that it lacks any constitutional or legal basis for its existence.

Overall, it remains to be seen how the entire process will unfold, but the declaration appears unconstitutional and sets a dangerous precedent. 

Kesiena Igho Oghoghorie, an Associate at Babalakin & Co, is a Legal Practitioner & Public Policy Consultant based in Abuja

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