Explainer: What Is a State of Emergency, and What Will Happen in Rivers State Now?
- President Tinubu declared a state of emergency in Rivers state, citing political instability and invoking Section 305 of the Nigerian Constitution
- The National Assembly controversially backed Tinubu’s decision, which led to the suspension of Governor Siminalayi Fubara, his deputy, and state lawmakers for six months
- Retired Vice Admiral Ibok-Ete Ibas was appointed as the sole administrator, while military personnel were deployed to maintain security and protect oil infrastructure
- TheTalk.NG compiled crucial details about the State of Emergency and what will happen in Rivers State now
TheTalk.NG journalist Esther Odili has over two years of experience covering political parties and movements.
On Tuesday, March 18, 2025, President Bola Ahmed Tinubu declared a state of emergency for Rivers State, over the political crisis and instability in the oil-rich south-south state.
Fubara was suspended for six months by Tinubu after the declaration of a state of emergency in Rivers state
Photo credit: Sir Siminalayi FubaraSource: Facebook
Tinubu also suspended Siminalayi Fubara, Rivers state governor, his deputy and members of the state House of Assembly for six months.
“No good and responsible president will standby and allow the grave situation to continue without taking remedial steps prescribed by the Constitution to address the situation,” Tinubu said as he invoked section 305 of the Nigerian constitution to declare a state of emergency in Rivers state.
His decision of an emergency rule in Rivers state was, however, backed by the National Assembly in a controversial voice vote that has been heavily faulted and generated criticism in the polity.
State of emergency: What did section 305 of the constitution say?
According to Section 305(3) of the Constitution, the president can only declare a state of emergency under specific circumstances, including:
- War or imminent war: If Nigeria is at war or faces an imminent invasion (Section 305(3)(a) & (b)).
- Breakdown of public order: If there is a complete breakdown of law and order that requires extraordinary measures to restore peace (Section 305(3)(c)).
- Threat to public order: If there is a clear and present danger of such a breakdown (Section 305(3)(d)).
- Natural disaster or calamity: If an occurrence, such as an epidemic, flood, or earthquake, affects a section of the country (Section 305(3)(e)).
- Other public dangers: If any other serious situation threatens the existence of the Federation (Section 305(3)(f)).
- Request from a state governor: If a state governor requests a state of emergency due to security or public order concerns, provided the state legislature supports the request by a two-thirds majority (Section 305(3)(g) & (4)).
The process of declaring a state of emergency
Tinubu swears in the sole administrator of Rivers state, Vice Admiral Ibok-Ete Ekwe Ibas’ (CFR), at the State House.
Photo credit: @DOlusegunSource: Twitter
As reported by The BBC, to declare a state of emergency, the president must follow a structured process outlined in Section 305 of the Constitution:
Issuance of a proclamation
The president issues an official proclamation of a state of emergency and publishes it in the Government’s Official Gazette (Section 305(1)).
Transmission to the National Assembly
Immediately after publication, the President must send copies of the proclamation, along with details of the emergency, to the President of the Senate and the Speaker of the House of Representatives (Section 305(2)).
Approval by the National Assembly
Both chambers of the National Assembly must convene to deliberate on the proclamation and vote on whether to approve it.
The approval must be supported by a two-thirds majority of all members of both the Senate and the House of Representatives (Section 305(6)(b)).
What is a state of emergency and its implication in Rivers state?
Many criticised Tinubu for suspending Fubara amid his rift with FCT minister Nyesom Wike.
Photo credit: Sir Siminalayi Fubara, Lere OlayinkaSource: Facebook
The declaration of a state of emergency is one of the most extraordinary powers granted to the president of Nigeria under the 1999 Constitution (as amended).
It is designed to address situations that pose severe threats to public safety, national security, or governance.
However, this power is subject to strict constitutional provisions to prevent abuse.
During this period, some human rights of the people might be suspended depending on the seriousness of the matter that led to the declaration.
But as it stands in Rivers state, President Tinubu has appointed a new sole administrator to oversee the state, retired Vice Admiral Ibok-Ete Ibas, and charged him with the management of the state without enacting new laws for an initial six months period that the state of emergency will last.
Tinubu’s announcement followed months of escalating tensions between Governor Fubara and key political figures, including his predecessor, Nyesom Wike, now the minister of the Federal Capital Territory.
Interestingly, a state of emergency initially lasts six months (Section 305(6)(c)). The National Assembly can extend it for additional six-month periods if necessary, through another resolution passed by a two-thirds majority (Section 305(6)(c), provison).
The presence of military personnel will increase now in Rivers state, especially as President Tinubu said he has charged them with the sole responsibility and warning to protect lives and oil pipelines in the state.
Timeline: Other Nigerian presidents declared a state of emergency
The last time when a state of emergency was declared in Nigeria was 12 years ago, when President Goodluck Jonathan declared state of emergency in three states in the north-east region – Adamawa, Borno and Yobe States – following the Boko Haram insurgency.
Other times state of emergency was declared in Nigeria are:
Plateau State – 2004:
On May 18, 2004, President of Nigeria, Olusegun Obasanjo, declared a state of emergency in Plateau state. due to violent ethnic and religious clashes.
Obasanjo suspended the governor who is also the state legislature at that time, Joshua Dariye, and appointed Chris Alli, a retired army general as the sole administrator.
Aggrieved, the Plateau government and the state house of assembly challenged the president’s actions before the supreme court in a suit marked SC. 113/2004 and filed on June 24, 2004.
The situation lasted from May 18, until November, 18, 2024, when Dariye returned to office.
Delivering judgement on January 20, 2006, a seven-member panel of the apex court led by Muhammadu Uwais, former chief justice of Nigeria, struck out the case on jurisdictional grounds.
Ekiti State – 2006:
In October 2006, President Olusegun Obasanjo declared a state of emergency in Ekiti State following a political crisis that led to the impeachment of Governor Ayodele Fayose.
Accusations of corruption and governance failures created a tense atmosphere, necessitating the suspension of democratic structures.
A retired military officer, Tunji Olurin, was appointed as the sole administrator until normalcy was restored.
3. Adamawa, Borno, and Yobe States (2013-2015)
The most extensive state of emergency in Nigeria’s history occurred under President Goodluck Jonathan in May 2013.
It affected Adamawa, Borno, and Yobe States due to the escalating Boko Haram insurgency.
As reported by The Cable and BusinessDay newspaper, the Islamist militant group was responsible for widespread violence, bombings, and abductions.
The declaration allowed for increased military intervention, curfews, and restrictions to combat terrorism and the emergency rule was extended multiple times until 2015, when a new administration took over.
Jonathan suspended the governors and the state assemblies of the three states.
Read more about Rivers crisis here:
5 things that have happened since the state of emergency in Rivers
Earlier, TheTalk.NG reported that the state of emergency declared in Rivers state on March 18, 2025, and the suspension of Governor Siminalayi Fubara has continued to generate concerns in the polity.
While many politicians and prominent figures, including ex-President Jonathan and Wole Soyinka criticised President Tinubu’s action, the National Assembly’s approval of the emergency rule through a controversial voice vote also drew strong criticism.
In the wake of the recent developments in Rivers state, TheTalk.NG outlined five things that have occurred following Tinubu’s declaration in the oil-rich region.
Source: TheTalk.NG
