Explainer: How State of Emergency in Rivers is Different from Previous Ones

By Theophilus Abbah

The State of Emergency declared by President Bola Ahmed Tinubu in Rivers State on Tuesday, March 18, 2025 was meant to halt the flexing of muscles between Governor Simi Fubara and 27 members of the House of Assembly, led by Martins Amaewhule

Combo photo of Martins Amaewhule led Assembly and Gov Siminalayi Fubara

The House members took on the governor to impeach him in December 2023, as a demonstration of loyalty to former Governor Nyesom Wike, now Minister of the Federal Capital Territory (FCT), over the control of Rivers states resources and politics. The legal battle ran a full cycle from the High Courts, through the Court of Appeal and to the apex court.

The Supreme Court judgment delivered in February, 2025, instead of bringing a legal solution to the crisis, rather inflamed anger among stakeholders in Rivers State.

The apex court blamed Governor Fubara for the disagreements in the state, while understating the political threats by lawmakers, which ignited the crisis.

Fubara was a victim of high-wire politics designed to capture the resources of Rivers State

In the eyes of the general public, Fubara was a victim of high-wire politics designed to capture the resources of Rivers State, and tweak the political structure to tilt toward certain interests in 2027. Rather than calm troubled nerves, therefore, the judgment infuriated the people the more, causing social tension.

The majority of the people expected President Tinubu to have called Wike to order. But the president rather sacked Governor Fubara and his deputy Ngozi Oduand, and all elected lawmakers of the state House of Assembly, for an initial period of six months.

States of emergency have been declared few times, often due to security threats, political crises, or governance breakdown

Under what circumstances were States of Emergency declared previously in Nigeria?

States of emergency have been declared few times, often due to security threats, political crises, or governance breakdowns. Here are some notable instances:

Plateau State (2004): A state of emergency was declared by President Obasanjo due to ethnic and religious violence in Jos, which led to significant loss of life and property.

Ekiti State (2006): President Olusegun Obasanjo declared a state of emergency following political turmoil and the impeachment of Governor Ayodele Fayose.

Borno, Yobe, and Adamawa States (2013): President Goodluck Jonathan declared a state of emergency in these northeastern states to combat the Boko Haram insurgency.

President Bola Ahmed Tinubu. Credit: State House

Of the three previous declarations of state of emergency, only the instance in Ekiti State resembled the crisis in Rivers State. However, in terms of the scale of confusion, the situation in Ekiti State was worse because following Governor Ayo Fayose’s controversial and unacceptable impeachment by the House of Assembly, three persons claimed to be governors.

They included Fayose, his deputy, Biodun Olujimi, and the Speaker of the House of Assembly, Friday Aderemi.

In 2006, Obasanjo declared the state of emergency due to the political confusion. The impeachment process was deemed unconstitutional by some legal authorities, including the Chief Justice and Attorney General.

Former President Olusegun Obasanjo

This instability threatened governance and public order in the state. A retired Brigadier General, Tunji Olorun, was appointed as the administrator to restore stability. In the case of Rivers State, Governor Fubara faced the threat of impeachment, but Nigerians sought Tinubu’s intervention for a political solution. Rather, the president chose to impose a state of emergency.

Under what conditions should a state of emergency be declared?

The declarations are typically made under Section 305 of the 1999 Constitution, which allows the President to intervene in cases of severe crises, security threats, or governance failures. Section 305 outlines the procedure for declaring a state of emergency in Nigeria. It empowers the President to issue a proclamation of a state of emergency in the Federation or any part of it under specific circumstances, such as:

– War or imminent danger of war.

– A breakdown of public order and safety.

– Natural disasters or other public dangers threatening the Federation.

– A request from a State Governor, supported by the State House of Assembly, in cases where the crisis is confined to that state.

The proclamation must be published in the official Gazette and approved by the National Assembly within a specified timeframe.

What are the implications of a state of emergency?

A state of emergency has significant implications, both legally and practically:

1. Suspension of Normal Governance: The federal government assumes control of the affected state, suspending the executive and legislative arms. This can lead to the appointment of a military administrator to oversee the state’s affairs.
2. Restriction of Rights: Certain fundamental rights, such as freedom of movement, assembly, and expression, may be curtailed to restore order and security.
3.  Deployment of Security Forces: The federal government deploys military and paramilitary forces to maintain law and order, often taking over the role of the police.
4. Economic Impact: Businesses and economic activities may be disrupted due to curfews, restrictions, or heightened security measures.
5. Legal and Political Controversies: The declaration could spark debates about its constitutionality, the balance of power between federal and state governments, and potential abuse of emergency powers.
6. Public Perception: While intended to address crises, a state of emergency can be perceived as a political tool, leading to public discontent or polarization.

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