What is a state of emergency and does the President have the power to remove a governor in Nigeria?

President Bola Ahmed Tinubu on March 18, 2025, in a nationwide broadcast declared a state of emergency on Rivers State over the protracted political crisis in the state.

Tinubu said he relied on Section 305 of the 1999 Constitution to make the proclamation.

He then announced the suspension of Governor Siminalayi Fubara; his deputy Ngozi Odu; and all the members of the House of Assembly for six months.

The president nominated Vice Admiral Ibokette Ibas (rtd) as administrator to take charge of the affairs of the state for the first six months.

The development has generated a lot of reactions from Nigerians, alongside many questions. One question that tops them all is: What is a state of emergency, and does the President have the power to remove a governor in Nigeria?

What is State of Emergency?

A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours.

It can be used as a rationale for suspending rights and freedoms, even if guaranteed under the Constitution. Such declaration usually comes during a time of natural or man-made disasters, during periods of civil unrest or following a declaration of war or situation of international or internal armed conflict.

What can State of Emergency be Declared?

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.

Who can declared State of Emergency in Nigeria

In Nigeria, the President holds the power to declare a State of Emergency in any state under Section 305 of the 1999 Constitution (as amended).

What are the procedure for declaration of State of Emergency?

• The President must issue an official proclamation of a state of emergency.
• The National Assembly (Senate & House of Representatives) must approve the declaration within two days (if in session) or 10 days (if not in session).
• If the National Assembly approves, the State of Emergency remains in force for six months (and can be extended if necessary).
• What happens if a President declared State of Emergency in a state
  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.

What are the 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.

Past State of Emergency Declarations in Nigeria

Since Nigeria’s return to democracy in 1999, Tinubu’s action marks the fourth time a state of emergency has been declared by a sitting President.

Plateau State (2004)

In May 2004, President Olusegun Obasanjo declared a state of emergency in Plateau State following a surge in ethno-religious violence that led to widespread killings and destruction. The governor and state assembly were suspended, and Major General Chris Alli (retd.) was appointed administrator to restore order.

Ekiti State (2006)

A leadership crisis in Ekiti State prompted Obasanjo to impose emergency rule in October 2006.

The crisis stemmed from the controversial impeachment of Governor Ayo Fayose, which plunged the state into chaos. Brigadier General Adetunji Olurin (retd.) was appointed administrator until the situation stabilized.

Borno, Yobe, and Adamawa States (2013)
Amid escalating Boko Haram insurgency, President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states on May 14, 2013.

Unlike previous instances, governors and state assemblies were not suspended; instead, the federal government deployed more troops and imposed curfews to curb insurgent activities.

Why does Tinubu declared state of emergency in Rivers state?

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

“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,” added Tinubu.

Police said earlier they were investigating the cause of a blast in Rivers state that resulted in a fire on Nigeria’s Trans Niger Pipeline, a major oil artery transporting crude from onshore oilfields to the Bonny export terminal.

Rivers, in the Niger Delta, is a major source of crude oil and militants have in the past blown up pipelines, hampering production and exports.

The state has been embroiled in a political crisis pitting factions of the opposition People’s Democratic Party (PDP) against each other. The state lawmakers had also threatened to impeach the governor and his deputy.

Does the President have the power to remove a governor in Nigeria?

The 1999 Nigerian Constitution does not explicitly grant the President the power to remove a sitting governor, even during a state of emergency.

This was held by renowed lawyer and human rights activist, Femi Falana (SAN) while reacting to a statement credited to Chief Edwin Clark in which he urged President Goodluck Jonathan to declare a total state of emergency which would see the removal the state governors from office in 2014.

“There is nothing like partial declaration of a state of emergency in the 1999 Constitution; what section 305 (c) of the Constitution contemplates is the recourse to ‘extraordinary measures to restore peace’ and security where there is a breakdown of public order and public safety. This in effect means that all democratic institution should be suspended to permit the military exercise full control until peace and order returns,” Clark had said.

Falana described the call for a total imposition of emergency rule as diversionary saying; “In confronting the menace of terrorism, the President of the Republic should must not be encouraged by people with vested political agenda to resort to undemocratic tactics associated with military dictators. As Nigeria has successfully replaced autocracy with democracy, all actions of the government have to be conducted in strict compliance with the tenets of the rule of law.

“In view of the clear provision of the Constitution on the vexed issue of a state of emergency, I am compelled to urge the President to ignore the illegal and unconstitutional call for the removal of the Governors of Adamawa, Borno and Yobe State”.

Noting that Section 305 of the constitution which empowers the president to declare a state of emergency in any part of the country does not make any provision, “expressly or impliedly, for the removal of elected democratic structures,” Falana said.

“In other words, the power of the President, to take “extraordinary measures to restore peace and security” under a state of emergency does not include the removal of elected public officers or the dissolution of democratic structures.

“In any case, State Governors cannot be held vicariously liable for the inability of the President and Commander-in-Chief of the Armed Forces to stem the rising wave of insurgency in the country. It is submitted that the adoption of “extraordinary measures” should not be construed outside the ambit of the power of the President to deploy the armed forces and the police to restore public peace whenever there has been a breakdown of law and order in the whole country or any part thereof.”

However, it is noted that the 1960 and 63 constitutions gave the federal government the right to remove state governors which later created problem.

That provision was removed from the constitution to prevent a repeat of the Balewa/Akintola/Adegbenro/Ebube Dike/fire on the mountain episode.