Can state of emergency be declared in Rivers without suspending Fubara, lawmaker? Lawyer reacts

Rivers State holds immense significance as the heartbeat of Nigeria’s oil and gas industry. Its vast contributions to the nation’s crude oil and natural gas reserves make it an economic linchpin. Without the smooth operation of Rivers State, Nigeria’s economic stability is at risk. Given that Nigeria’s 2025 budget relies heavily on oil production targeting 2.06 million barrels per day (bpd) to fund a N54.99 trillion budget. Rivers State is crucial to achieving these economic goals.

The legal framework surrounding the state of emergency is complex. Section 305(6) of the 1999 Constitution mandates that any proclamation of a state of emergency by the President must be approved by the National Assembly within a specified timeframe. The President is empowered to take “such measures as appear to him to be necessary or expedient” to restore peace and security. This provision introduces a degree of flexibility but also invites controversy regarding the limits of presidential power.

The question now is: could a state of emergency be declared in Rivers State without suspending the Governor and the Assembly? A state of emergency aims to restore order and stability, but its execution must carefully balance the need for decisive action with respect for democratic principles. The situation is further complicated by the ongoing conflict within the state’s legislative arm, which brings into focus whether suspending elected officials is truly the only viable option for maintaining peace.

Source: TheTalk.NG

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