Nigeria: Timeline – Tinubu Joins Obasanjo, Jonathan in Declaring State of Emergency in Troubled States

Section 305 of the Nigerian constitution interprets a state of emergency as a situation of “national danger, disaster or terrorist attacks…”

Nigerian President Bola Tinubu declared a state of emergency in the southern state of Rivers, suspending the state governor, his deputy and all elected members of the state assembly.

The Nigerian leader, thus, joins the ranks of presidents of the West African country who declared such a state of emergency while in office. Others who have done so since the return to democratic rule in 1999 are Olusegun Obasanjo and Goodluck Jonathan.

Mr Tinubu, in a live broadcast, said he had received security reports in the last two days of “disturbing incidents of vandalisation of pipelines by some militants without the governor taking any action to curtail them.”

In his address, the president highlighted the unfolding security crisis in the state, warning that, if unchecked, it could precipitate anarchy and a collapse of law and order.

“With all these and many more, 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 in the state,” the president added.

Ibokette Ibas, a retired vice admiral, was appointed administrator for a six-month period to take charge of the state.

The suspension of Governor Siminalayi Fubara came hours after militants blew up pipelines in Rivers, hampering production and exports.

The oil-producing state has been embroiled in a political crisis between Mr Fubara and his predecessor, Nyesome Wike, the minister of the Federal Capital Territory (FCT).

Mr Tinubu relied on section 305(5) of the Nigeria Constitution to declare a state of emergency in Rivers State with effect from Tuesday.

Section 305 of the Nigerian constitution interprets a state of emergency as a situation of “national danger, disaster or terrorist attacks in which a government suspends normal constitutional procedures to regain control.”

A state of emergency allows the president to immediately make any desired regulations to secure public order and safety.

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

However, many lawyers say the president exceeded his powers by suspending elected officials in states.

Lagos-based lawyer Ridwan Oke said the president “outrightly lacks the power to suspend any elected official in the State as section 305 of the Constitution is absolutely silent on what happens to them when a State of Emergency is declared,”

“The actions of the president to suspend them is absolutely ultra vires as expressio unius est exclusio alterius (express mention of one is to the exclusion of all others). Hence, where the constitution expressly gives you a power, if it is silent on some others, it only means your powers doesn’t extend to that,” Mr Oke said.

History

Apart from Mr Tinubu, former presidents Olusegun Obasanjo and Goodluck Jonathan have relied on Section 305 of the Constitution to declare a state of emergency in some states.

While Mr Obasanjo suspended two governors and declared a state of emergency, Mr Jonathan didn’t suspend any governor in his proclamation of a state of emergency.

Here is a timeline of emergency rule in Nigeria since 1999:

18 May 2004: Mr Obasanjo imposed a state of emergency on Plateau State, suspending Governor Joshua Dariye, his deputy and the State House of Assembly in the process.

At the time, Mr Obasanjo accused Plateau officials of having “wittingly and unwittingly encouraged acts that have subverted peace and tranquillity.”

He also accused the governor of failing to act to end a cycle of bloodletting violence between the Plateau State’s Muslim and Christian communities that claimed thousands of lives. The incident in Plateau set off retaliatory sectarian attacks in Kano, driving thousands of people to seek refuge in police barracks.

After suspending the governor, Mr Obasanjo appointed Chris Ali, a retired army general, as administrator for a six-month period.

18 October 2006: Mr Obasanjo again declared a state of emergency in Ekiti State after state lawmakers removed the then-governor, Ayo Fayose.

The legislators voted to remove Mr Fayose after finding him guilty of siphoning state funds into personal bank accounts and receiving kickbacks, an allegation he denied.

Amidst the crisis, Mr Obasanjo suspended the state’s lawmakers and the then-deputy governor, Friday Aderemi, for six months.

He also appointed a retired general to administer the affairs of the state and maintain security there for six months.

31 December 2011: Former President Goodluck Jonathan declared a state of emergency in Plateau, Borno, Niger and Yobe States in response to the rampant bombings and escalating violence of Boko Haram. He, however, did not remove any elected officials during the emergency period.

14 May 2013: Mr Jonathan declared a state of emergency in Borno, Adamawa, and Yobe State, citing raging insecurity as reasons for his actions. The elected officials remained in office during the emergency period.

The military will take “all necessary action” to “put an end to the impunity of insurgents and terrorists” in Borno, Adamawa, and Yobe, he said at the time.

By Premium Times.