The Human And Community Rights Centre (HCRC) Position On The Declaration Of A State Of Emergency In Rivers State

 



PRESS STATEMENT


THE HUMAN AND COMMUNITY RIGHTS CENTRE (HCRC) REPORT ON THE DECLARATION OF A STATE OF EMERGENCY IN RIVERS STATE


On the 18th of March, 2025, the President of the Federal Republic of Nigeria, His Excellency President Bola Ahmed Tinubu, GCFR, addressed the nation regarding the political crisis in Rivers State. In his address, the President made reference to the Supreme Court’s judgment delivered on the 28th of February, 2025, concerning the ongoing crisis. He also cited recent incidents of pipeline vandalism within the state as further justification for his actions.


Consequently, invoking the provisions of Section 305 of the 1999 Constitution (as Amended), the President declared a State of Emergency in Rivers State. Furthermore, he announced the suspension of the democratically elected Governor, Deputy Governor, and Members of the House of Assembly for a period of six months.


HCRC’S POSITION ON THE MATTER


The primary question that arises is whether the President possesses the constitutional authority to suspend a democratically elected Governor or to declare a state of emergency in a state under such circumstances.


The Human and Community Rights Centre (HCRC) firmly asserts that the suspension of the Governor and Deputy Governor is a gross violation of the 1999 Constitution. The President’s action disregards the provisions of Section 188 of the Constitution, which clearly outlines the lawful process for the removal of a Governor or Deputy Governor. By failing to adhere to these constitutional provisions, the suspension is both unlawful and unconstitutional.


While Section 305 grants the President the power to declare a state of emergency in the country or any part thereof, it does not empower him to remove or suspend a Governor, Deputy Governor, or elected Members of the House of Assembly. The declaration of a state of emergency does not, in itself, invalidate the legitimacy of democratically elected leaders.


For a valid declaration of a state of emergency under Section 305, specific conditions must be met. These include:


1) State of War: The Federation must be at war.


2) Imminent Danger of Invasion or War: There must be a clear threat of invasion or involvement in a state of war.


3) Breakdown of Public Order and Safety: There must be a substantial and actual breakdown of public order and safety.


4) Present Danger: There should be an imminent threat of such a breakdown in the Federation or any part thereof.


5) Natural Disasters or Calamities: The occurrence or imminent danger of disasters or natural calamities affecting a community within the Federation.


6) Existential Threats: Any other public danger that constitutes a direct threat to the existence of the Federation.


7) Request by Relevant Authorities: A formal request must be made in accordance with the provisions of subsection (4) of Section 305.


Upon careful examination, HCRC is convinced that the political situation in Rivers State has not met the constitutional threshold to justify the declaration of a state of emergency. The crisis, while significant, does not amount to a breakdown of law and order or pose an imminent threat to public safety as required under the Constitution.


The Centre therefore regards the President’s proclamation as unconstitutional and an affront to the democratic principles enshrined in the Constitution. HCRC calls on all relevant stakeholders, including the National Assembly, the judiciary, civil society organizations, and the international community, to safeguard the rule of law and protect Nigeria’s democracy from unconstitutional overreach.


CONCLUSION


The Human and Community Rights Centre (HCRC) strongly believes that the strength of Nigeria’s democracy lies in its unwavering commitment to constitutionalism, the rule of law, and the protection of democratic institutions. Actions that undermine these principles set a dangerous precedent that threatens the stability and unity of the nation.


We urge the President to reconsider his decision and take steps to resolve the political crisis in Rivers State through lawful and democratic means. Dialogue, respect for the Constitution, and adherence to due process remain the most effective pathways to sustainable peace and justice.


Issued on this 20th day of March, 2025.


Human and Community Rights Centre (HCRC)

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