The declaration of emergency rule in Rivers state heralded a rude shock for both the indigenes and none indigenes of Rivers state who are resident in the state. This is so much so because the prevailing circumstances in the state and the political underpinnings(in my own opinion) doesn’t warrant a declaration of state of emergency rule.
The circumstances under which the Constitution of the Federal Republic of Nigeria sanctions an emergency rule and it’s antendant procedures are clearly stated, and I quote.
Section 305 of the 1999 Constitution (as amended).
Let’s break it down:
- Who Can Declare a State of Emergency?
The President of Nigeria has the power to declare a state of emergency, but only under specific circumstances and with proper procedures.
- Grounds for Declaring a State of Emergency:
The President can declare a state of emergency if:
-There is an actual or imminent danger of invasion or war.
-There is breakdown of public order and safety, leading to widespread violence.
-There is clear danger of a natural disaster or public health emergency.
-There is any other situation that constitutes a threat to the existence of Nigeria.
- Procedure for Declaration:
-The President must issue an official proclamation of the state of emergency.
-The proclamation must be immediately sent to the National Assembly (Senate and House of Representatives) for approval.
-The National Assembly must decide whether to approve or reject the declaration within two days (if in session) or ten days (if not in session).
-If the National Assembly approves, the state of emergency remains in effect for six months, after which it can be extended if necessary.
- Implications of a State of Emergency:
-During the state of emergency, the President has extraordinary powers to issue executive orders and deploy security forces.
-Normal democratic processes may be suspended, and the federal government could temporarily take over state functions.
- Safeguards and Checks:
-The National Assembly acts as a check on presidential power by either approving or rejecting the declaration.
-The judiciary can also review actions taken during a state of emergency to ensure they remain within constitutional limits.
In my honest opinion, declaring a state of emergency in Rivers State is indeed very drastic a measure, much like using a sledgehammer to kill a fly. It could bring more harm than good by escalating tensions rather than resolving them.
A state of emergency typically suspends democratic institutions and places the state under federal control, which may undermine the authority of elected officials and deepen political grievances. It can also set a dangerous precedent of federal overreach, making it easier for future governments to sideline political opponents under the guise of maintaining order.
Instead of a heavy-handed approach, what’s needed is dialogue, political negotiation, and perhaps a neutral mediation process. Addressing the root causes of the conflict — whether they stem from power struggles, ethnic tensions, or governance issues — would offer a more sustainable path toward peace and stability.
Of course many pundits would be forced to believe that this action is entirely the voice of Esau and the hand of Jacob.
And of course, Mr. President may see nothing wrong in the actions of the Garrison commander of Rivers state politics because they are both friends at the gate of absolute power and control of the people and resources of the states they once govern.
In the world wide wrestling parlance, there is a maxim, “BE CAREFUL WHAT YOU WISH FOR”.
I am very sure by now that the twenty seven man army of speaker Amaiwhule never bargained for a situation where they will be removed from the governance equation all together in meeting the desires of the god father.
One school of thought believe that this emergency rule decision was taken knowing fully well that the legitimacy of the twenty seven legislators may be quashed by the scheduled judgement of the State High Court.
What becomes of Rivers state in the next few days or months is up to how the actors reacts to the pronounced emergency rule.
Dr Braimoh Denzel Aruna
