BY TONY OKAFOR
Tuesday’s declaration of a state of emergency in Rivers State has raised concerns about the misuse of this constitutional provision.
While the President has the power to declare a state of emergency under Section 305 of the 1999 Constitution as amended, this provision does not grant the authority to suspend a state governor, deputy governor, or the state House of Assembly.
In fact, subsection four of Section 305 stipulates that the Governor of a state, backed by a two-thirds majority resolution of the House of Assembly, may request the President to declare a state of emergency in their state.
This provision aims to enable the governor, as the chief security officer, to seek federal assistance in maintaining law and order within the state.
Clearly, this provision cannot be interpreted as empowering the governor and the House of Assembly to relinquish their constitutional roles and invite their own suspension.
The suspension of a state governor, deputy governor, and the state House of Assembly is a drastic measure that undermines the principles of democracy and federalism.
Historically, the misuse of the state of emergency provision has led to authoritarianism and human rights abuses.
For instance, in 1962, the Nigerian government declared a state of emergency in the Western Region, which led to the suspension of the regional government and the imposition of a sole administrator.
Rather than taking such a drastic step, the Federal Government should work with the affected state government to address the security challenges facing the state.
This can involve deploying additional security personnel, providing intelligence support, and addressing the root causes of the security challenges.
For example, in 2013, the Jonathan government declared a state of emergency in the northeastern states of Borno, Yobe, and Adamawa, but instead of suspending the governors, it worked with them to establish a joint military task force to combat Boko Haram.
The declaration of a state of emergency should not be used as a pretext to undermine democratic institutions.
Rather, it should be used to address specific security challenges in a manner that respects the principles of democracy and federalism.
We urge the Federal Government to reconsider its approach and work with the Rivers State government to find a solution that upholds the rule of law and protects human rights.
The National Assembly should also review the state of emergency provision to ensure that it is not misused to undermine democratic institutions.
The state of emergency provision should be invoked in a manner that safeguards democratic principles, upholds federalism, and ensures the protection of citizens’ rights.
