By Oladipo Oluwatosin
The Nigerian Bar Association (NBA) has strongly criticized President Bola Tinubu's declaration of a state of emergency in Rivers State, which included the suspension of Governor Siminalayi Fubara and state lawmakers. The NBA asserts that this action is unconstitutional and poses significant threats to Nigeria's democratic framework.
Constitutional Analysis
According to Section 305 of the Nigerian Constitution, the President has the authority to declare a state of emergency under specific circumstances, such as:
War or imminent danger of invasion
Actual breakdown of public order and public safety.
Occurrence of any disaster or natural calamity.
Any other public danger which clearly constitutes a threat to the existence of the Federation.
However, the NBA emphasizes that the declaration of a state of emergency does not grant the President the power to suspend or remove democratically elected officials. Such actions bypass the constitutionally established procedures for removing elected officials, which typically involve legislative processes like impeachment. The NBA's President, Afam Osigwe, stated that the suspension of the governor and lawmakers is illegal, as a declaration of emergency does not automatically dissolve or suspend elected state governments.
Potential Havoc
The unconstitutional suspension or removal of elected officials can lead to several detrimental consequences:
Erosion of Democratic Principles: Bypassing established constitutional procedures undermines the rule of law and sets a dangerous precedent for future governance.
Political Instability: Such actions can lead to unrest and a lack of trust in governmental institutions, potentially resulting in protests or civil disobedience.
Judicial Challenges: Unconstitutional actions are likely to be contested in courts, leading to prolonged legal battles that can distract from governance and strain judicial resources.
Same Event recall
Throughout Nigeria's history, there have been notable instances where the federal government declared states of emergency in specific regions, leading to the suspension or removal of democratically elected officials. Here are some key examples:
Western Region Crisis (1962-1963)
Political tensions escalated in the Western Region, leading to widespread unrest and legislative paralysis.
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Federal Intervention: In May 1962, the federal government declared a state of emergency in the Western Region. This led to the suspension of the regional government, including the Premier, and the appointment of Dr. Moses Majekodunmi as the administrator.
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Resolution: The emergency rule lasted until December 1962, after which democratic governance was restored following new elections.
Plateau State Emergency (2004)
Ethno-religious conflicts resulted in significant violence and instability in Plateau State.
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Federal Intervention: In May 2004, President Olusegun Obasanjo declared a state of emergency, suspending Governor Joshua Dariye and the state legislature. Major General Chris Alli (Rtd) was appointed as the administrator.
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Resolution: After six months, in November 2004, the state of emergency was lifted, and Governor Dariye was reinstated.
Ekiti State Crisis (2006)
Political disputes and allegations of misconduct led to governance challenges in Ekiti State.
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Federal Intervention: In October 2006, President Obasanjo declared a state of emergency, suspending Governor Ayodele Fayose and his deputy. General Tunji Olurin (Rtd) was appointed as the administrator.
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Resolution: The emergency rule concluded in April 2007, with elections held to restore democratic governance.
Northeastern States Emergency (2013)
The Boko Haram insurgency caused severe security challenges in the northeastern states of Borno, Yobe, and Adamawa.
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Federal Intervention: In May 2013, President Goodluck Jonathan declared a state of emergency in these states. Unlike previous instances, the governors and state assemblies were not suspended; instead, additional military powers were granted to address the insurgency.
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Resolution: The emergency rule was extended multiple times and eventually lifted as security conditions improved.
Constitutional and Legal Considerations
The Nigerian Constitution outlines specific procedures for declaring a state of emergency but does not explicitly grant the President the power to remove or suspend elected governors during such declarations. The removal of a governor is constitutionally vested in the state legislature through an impeachment process. Legal experts and bodies, including the Nigerian Bar Association (NBA), have consistently argued that suspending or removing elected officials under emergency rule without due process is unconstitutional.
Implications and Recommendations
Unconstitutional removal of elected officials can lead to political instability, erosion of democratic principles, and legal disputes. To prevent such outcomes:
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Adherence to Constitutional Provisions: All actions must align with constitutional guidelines to uphold the rule of law.
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Judicial Oversight: Courts should promptly address any unconstitutional actions to reinforce legal standards.
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Political Dialogue: Engaging stakeholders in dialogue can address underlying issues without resorting to extreme measures.
By respecting constitutional boundaries and promoting transparent governance, Nigeria can navigate crises without compromising democratic integrity.
In conclusion, while addressing security and political challenges is imperative, it is crucial that all actions taken by the government comply with constitutional mandates to preserve Nigeria's democratic integrity and prevent potential chaos.
