Introduction: The Uncomfortable Truth “We are all criminals.” The statement sounds outrageous. It offends our moral sensibilities. It appears to insult the honest citizen, the religious devotee, the respected public servant, the loving parent, and the law-abiding professional. Yet, before dismissing it as absurd, it is worth examining what we mean by crime, criminality, conformity, and deviance. The central argument of this essay is simple, yet profoundly disturbing: the line separating the criminal from the conformist or law-abiding person is far thinner than society is willing to admit. Indeed, that line is often so thin, so fragile, and so dependent on circumstance that many of us stand on both sides of it simultaneously. To understand this, we must begin where all discussions of crime properly begin – not with the criminal, but with the law. Crime Exists Because Law Exists A crime is not merely a harmful act. It is not simply an ...
In an unprecedented display of executive
overreach, President Bola Tinubu’s declaration of a State of Emergency in Rivers
State has ignited a constitutional firestorm. The move, described by former
House of Representatives member Dr. Fara Dagogo as a slap on the Constitution,
has been met with national and international condemnation. From legal scholars
to opposition governors, the outcry has been deafening, as the President’s
actions flout the fundamental principles of democracy and the rule of law.The
Constitutional Crisis at Hand
At the heart of this controversy lies Section 305 of the 1999 Constitution
of Nigeria (as amended), which explicitly outlines the
circumstances under which a state of emergency may be declared. According to
Dr. Dagogo (as reported by The Guardian), a state
of emergency may only be declared if:
-
the Governor, with a two-thirds majority of the State House of
Assembly, requests it.
–
there is a clear and present danger of an actual breakdown of public
order.
-
there is an imminent threat of war, invasion, insurrection, or natural
disaster.
Even when any of these circumstances are visibly
real, the state of emergency ought to be declared under the sitting governor
and his deputy, with the approval of the National Assembly.
However, President Tinubu has admitted that Governor Siminalayi Fubara and his
Deputy did not request the emergency proclamation, making his
action outright unconstitutional.
PDP
Governors’ Outcry: A Betrayal of Democracy
Unsurprisingly, the People’s Democratic Party (PDP)
Governors’ Forum has fiercely opposed Tinubu’s emergency rule
in Rivers State. Governor Seyi Makinde of Oyo State,
along with his counterparts in Delta, Edo, and Akwa Ibom, have decried the
President’s actions as an authoritarian
power grab.
Furthermore, the President’s suspension of elected officials,
including the Governor, Deputy Governor, and State House of Assembly members, lacks any legal basis
under the 1999 Constitution. Section 188 of the
Constitution stipulates that a Governor can only be removed
through impeachment by the State House of Assembly.
The
Appointment of an “Administrator”: A Return to Military Rule?
In a move reminiscent of Nigeria’s dark era of
military dictatorship, President Tinubu has appointed Vice Admiral Ibokette
Ibas (Rtd) as the Administrator
of Rivers State. This decision, as legal experts have pointed out, directly
contradicts Section 176(1) and Section 186 of the Constitution,
which recognize only an elected
Governor and Deputy Governor as the legitimate heads of a State
government. The creation of an Administrator
position is alien to Nigeria’s democratic framework and is a
blatant mockery of constitutional governance. Notably,
the Nigerian Bar Association and several senior advocates have criticized the
move as unconstitutional. Channels
Television
Despite these objections,
both chambers of the National Assembly—the Senate and the House of
Representatives—have approved the President's declaration.
On March 20, 2025, the Senate invoked its constitutional
powers under Section 305(2) to endorse the state of emergency, while also
mandating a review within six months. Similarly,
the House of Representatives approved the emergency rule and the suspension of
the State's elected officials. YouTube+1Arise News+1YouTube
Given the gravity of the
situation and the differing interpretations of constitutional provisions, it is
anticipated that the judiciary will be called upon to adjudicate the matter.
Will The
Judiciary Uphold This Decision?
There are strong precedents indicating that
Tinubu’s emergency proclamation will not stand
in any court of law. A case in point is Attorney General of the Federation v.
Attorney General of Lagos State (2013) LPELR-20974(SC), in
which the Supreme Court reaffirmed that the President must act within constitutional limits,
even in extraordinary situations.
Even if Tinubu wields undue influence over
Nigeria’s judicial system, international
legal bodies such as the ECOWAS Court of
Justice and the African
Commission on Human and Peoples' Rights would certainly view
this as a dangerous precedent of democratic backsliding.
The Path to
Justice: Why Fubara and the Suspended Lawmakers May Prevail
If Governor Fubara and the suspended lawmakers challenge President Tinubu’s declaration in court, they may carry the day. Under Section 305(2) and (6) of the Constitution, the National Assembly must approve the emergency proclamation within 10 days, or it ceases to have effect. The National Assembly, both Upper and Lower, has given their consent of the suspension of the Governor and his Deputy, and the State’s legislators, but this still makes it unconstitutional, as the cart has been put before the horse, instead of otherwise. The right thing should have been to seek the approval of the National Assembly first before swinging into action, but in the present circumstance, instead of counting 1 before 2, the reverse is sadly the case. Should the courts uphold the Constitution, Tinubu’s emergency rule may collapse under its own illegality.
The Rivers State crisis is not just a regional issue—it is
a national test of
Nigeria’s commitment to democracy. Will the rule of law
prevail, or will executive impunity triumph? The answer lies in the collective
will of Nigerians to resist unconstitutional governance and defend the
democratic structures painstakingly built over decades. (But is the collective will present in the people? Read: THE TYRANNY OF GODFATHERS, to understand why the collective will is lost.)
Stay informed, stay vigilant.
OKOM, Emmanuel Njor (PhD)
The video below may give you
more insight on the unconstitutionality of the Emergency declaration in Rivers State:
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