Tinubu declares state of emergency in Rivers State: What it means

Bola Tinubu, the president of Nigeria has declared a state of emergency in Rivers State following months of crisis. This move raises questions about the circumstances under which a state of emergency can be declared, its implications, and the potential risks associated with such a decision.

Read also: Full speech: Tinubu declares state of emergency in Rivers, suspends Fubara, others for six months

Criteria for declaring a State of Emergency

According to Nigeria’s 1999 Constitution, a state of emergency can be declared under the following conditions:
If Nigeria is at war.
If the country faces an imminent threat of invasion or involvement in war.
If there is a breakdown of public order and safety in any part of the country.
If there is a clear and present danger of such a breakdown.
If a disaster or natural calamity has occurred or is imminent.
If any situation arises that poses a significant threat to Nigeria’s existence.
If a state governor requests a state of emergency or fails to act within a reasonable time, allowing the president to make the decision.

The president holds the constitutional power to declare a state of emergency in any part of Nigeria. This proclamation must be published in the official government gazette and ratified by the National Assembly, requiring approval from two-thirds of its members.

Read also: Gov Fubara calls for rethink as impeachment letter from Wike-backed lawmakers hit Rivers Govt House

Government powers under a state of emergency

The declaration of a state of emergency grants the government sweeping powers, often outlined in the official gazette. These include:
Deployment of armed forces to maintain security, taking over the role of the police.
Unwarranted searches of private property, including homes and offices.
Arrest and detention of suspects without formal charges.
Implementation of special laws to punish those who violate emergency rules.
Establishment of quasi-judicial bodies to try offenders.
Restriction of rights such as freedom of assembly, expression, and communication.
Assumption of executive and legislative functions of the affected state by the federal government.
Confiscation and destruction of private property without compensation.
Restrictions on private businesses, including financial transactions.
While emergency powers are meant to restore order, they also infringe on fundamental human rights.

Read also: Full list: 19 impeachable allegations levelled against Fubara by Rivers Assembly

Risks of declaring a state of emergency

Despite its intended purpose, a state of emergency carries significant risks:
Abuse of Power: Emergency powers can be exploited by the government to suppress opposition and restrict civil liberties.
Threat to Democracy: Temporary suspension of democratic processes can pave the way for authoritarian rule and undermine Nigeria’s federal system, which is already heavily centralized.
Political Manipulation: If used for subjective rather than objective reasons, a state of emergency can become a tool for settling political scores or furthering vested interests.

The way forward

Declaring a state of emergency is a legitimate political tool designed for extraordinary circumstances that threaten national security and stability. However, it is prone to misuse. To prevent abuse:

The legislature and judiciary must assert their independence and ensure checks and balances.
The rule of law must remain the guiding principle in governance.
Any emergency measures must be necessary, proportionate, and temporary.
While a state of emergency can be justified under certain conditions, it should not be used as a pretext for undermining democracy, suppressing dissent, or consolidating power. Proper oversight and adherence to constitutional principles are essential to maintaining the balance between security and civil liberties.