Under the Nigerian Constitution, specifically Section 305, the President possesses the authority to declare a state of emergency in any part of the country under certain circumstances. These include situations where there is a breakdown of public order and public safety, or any other emergency that threatens the existence of the country. However, the Constitution does not explicitly grant the President the power to suspend a sitting governor during such declarations. The legality of suspending elected officials, including governors, during a state of emergency has been a subject of debate among legal scholars and practitioners.
In a recent development, President Bola Ahmed Tinubu declared a state of emergency in Rivers State on March 18, 2025. This proclamation led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the State House of Assembly for an initial period of six months. The President cited escalating political instability, governance paralysis, and recent incidents of pipeline vandalism as reasons for this decisive action.
The political tension in Rivers State has been escalating over the past months, primarily due to a rift between Governor Fubara and his predecessor, Nyesom Wike, who currently serves as the Minister of the Federal Capital Territory. The discord intensified when pro-Wike lawmakers in the State Assembly initiated impeachment proceedings against Governor Fubara, accusing him of various illegalities related to budget presentations and the composition of the legislative chamber.
Compounding the political crisis, recent reports indicated acts of pipeline vandalism by militants allegedly sympathetic to Governor Fubara. One such incident involved a fire outbreak on the Trans Niger Pipeline, a critical infrastructure for the nation's oil production. President Tinubu criticized Governor Fubara for not taking adequate measures to address these security challenges, stating that no responsible president would stand by and allow such a grave situation to persist without intervention.
In response to the state of emergency, the Rivers State government questioned the President's decision to suspend Governor Fubara while not taking similar action against Minister Wike, suggesting a potential bias in the enforcement of the emergency measures.
Legal experts and organizations, including the Nigerian Bar Association, have also criticized the suspension of elected officials during a state of emergency as unconstitutional, arguing that such declarations do not automatically dissolve or suspend elected state governments.
This situation underscores the ongoing debate regarding the extent of presidential powers during a state of emergency and the need for clear constitutional guidelines to prevent potential abuses of power.