By Hadiza Abdulkadir
The federal government’s declaration of a state of emergency in Rivers State has sparked widespread criticism, with legal experts and political analysts condemning the move as unconstitutional and politically motivated.
Prominent legal practitioner Abba Hikima, Esq. argues that President Bola Tinubu lacks the legal authority to suspend a democratically elected governor, deputy governor, and the members of the State House of Assembly. He insists that both Nigerian law and judicial precedents explicitly prohibit such actions.
“There’s nothing in the law or practice of proclamation of a state of emergency in Nigeria that empowers the president to suspend elected officials. Several judicial precedents outrightly prohibit this, and the president is not unaware,” Hikima said.
He further lamented a growing trend in Nigeria where those in authority deliberately violate the law to weaken their opponents. According to him, victims of such unconstitutional acts are often forced into long and uncertain legal battles, with little hope of enforcing favorable judgments.
State of Emergency Justification Questioned
Hikima also questioned the rationale behind declaring a state of emergency in Rivers, arguing that the conditions required for such a measure have not been met.
“There is no actual breakdown of law and public order in Rivers State that necessitates extraordinary federal intervention. Several states in Northern Nigeria currently face worse security challenges, yet the president has not declared a state of emergency there,” he said.
While clarifying that he is not advocating for emergency rule in any part of the country, Hikima described the Rivers case as unfair, unwarranted, and driven by political motives rather than genuine security concerns.
Violation of Democratic Principles
The lawyer also criticized the appointment of a sole administrator to oversee the state’s affairs, pointing out that the president himself admitted that no government can function without all three arms.
“By appointing a sole administrator who will act as both lawmaker and executor, the president has contradicted his own statement. This move goes against the spirit of Nigeria’s legal and political system,” Hikima added.
Under a state of emergency, the federal government assumes temporary control over certain state functions, which could include deploying security forces, restricting rights such as movement and assembly, imposing curfews, or directing state resources toward security operations. However, Hikima warns that this latest declaration sets a dangerous precedent for Nigeria’s democracy.
National Assembly Urged to Resist Approval
With the National Assembly in session, Hikima has called on lawmakers to reject what he describes as a “brazen constitutional overreach.”
“The National Assembly has the power to prevent this embarrassment. The state of emergency can only come into effect after being approved by both houses with a two-thirds majority. Lawmakers have 48 hours to stand against this unconstitutional action,” he said.
As debate rages over the legality and necessity of the state of emergency in Rivers State, all eyes are now on the National Assembly to determine the next course of action.