The weaponizing State of Emergency

By Sadiq Muhammed

The recent declaration of a state of emergency in Rivers State by President Bola Tinubu is not only an affront to democracy but a clear violation of the Nigerian Constitution. Our Constitution does not grant the President the authority to remove any democratically elected official, whether a governor, senator, or member of the House of Representatives. The legitimacy of elected officials is derived solely from the people through the electoral process, and their removal is strictly guided by constitutional provisions, not executive fiat.
Proponents of this illegal move often cite Section 305 of the Constitution as justification. However, Section 305 merely outlines conditions under which a state of emergency can be declared,specifically in cases of natural disasters, war, breakdown of public order, or threats to national security. It does not confer upon the President the power to remove or suspend elected officials. Even this section requires the concurrence of the National Assembly within a specified period to validate such a declaration. In this instance, the President bypassed the National Assembly entirely, knowing full well they are currently treated as a rubber stamp rather than an independent check on executive power. This blatant disregard for due process undermines the doctrine of separation of powers and further erodes the rule of law.

The justification cited for declaring the state of emergency,the bombing of pipelines following a provocative statement by the governor is deeply flawed. The question that arises is: Who bears the constitutional responsibility for the protection of critical infrastructure such as pipelines? The maintenance of law and order, protection of lives, properties, and national assets fall squarely under the purview of the federal government, specifically through the military, civil defense, sss, and police, all controlled by the President. Punishing a state governor for a failure that is fundamentally the federal government’s responsibility reeks of bad faith and scapegoating.
More troubling is the selective nature of this action. If the protection of lives and properties is the standard for declaring a state of emergency, why has there been no similar declaration in Katsina, Zamfara, or Borno states, where killings, banditry, and Boko Haram attacks have claimed thousands of lives, and communities live in perpetual fear? The inconsistency reveals the political undertones behind the action in Rivers State, it is not about security but about political control and suppression.
According to Section 14(2)(b) of the Nigerian Constitution, “the security and welfare of the people shall be the primary purpose of government.” Yet, this government appears to prioritize political expediency over the sanctity of lives and democratic norms. Declaring a state of emergency to remove an elected governor without following due constitutional processes is not only undemocratic but illegal. It sets a dangerous precedent, opening the door for arbitrary use of executive powers to silence opposition and destabilize the federation.
In a true democracy, institutions, not individuals, should determine leadership changes through lawful means such as elections, impeachment proceedings, or judicial review. Any action outside these frameworks is tyranny, plain and simple.

Muhammed can be reached at sadiqu2013@gmail.com