"Presidential Action Deemed Ultra Vires, A Flagrant Disregard for the Law"
THE DECLARATION OF A STATE OF EMERGENCY IN RIVERS STATE AND A DRIFT TOWARDS TOTALITARIANISM -PROF. JEHU O. NNAJI
THE DECLARATION OF A STATE OF EMERGENCY IN RIVERS STATE AND A DRIFT TOWARDS TOTALITARIANISM -PROF. JEHU O. NNAJI
In a surprise nationwide broadcast on Tuesday March 18 2025, in a manner reminiscent of coup d'etat broadcast,the President of Nigeria Asiwaju Bola Ahmed Tinubu GCFR took to the air waves and declared a STATE OF EMERGENCY in Rivers State. Suffice it to say that declaration of a state of emergency and procedure of such declaration are enshrined in our laws, it will be pertinent to peruse and analyse the provisions of the law as well as the concomitant derivatives.Section 305 provides: (1) Subject to the provisions of this Constitution the president may by instrument published in the official Gazette of the Government of the Federation issue a proclamation of a state of emergency in the Federation or any part thereof. That being said, Section 305 of the Nigerian Constitution deals with the procedure for proclaiming a state of emergency in the country. Here's a breakdown of the section:
Conditions for Proclamation
The President can issue a proclamation of a state of emergency in the Federation or any part thereof if:
1. War or Imminent Danger: The Federation is at war or in imminent danger of invasion or involvement in a state of war.
2. Breakdown of Public Order: There's an actual breakdown of public order and public safety in the Federation or any part thereof.
3. Natural Disaster: There's an occurrence or imminent danger of a natural disaster or calamity affecting the community.
4. Request by Governor: The President receives a request from a State Governor to issue a proclamation of a state of emergency in the State.
Procedure for Proclamation
If the President decides to proclaim a state of emergency, the following steps must be taken:
1. Transmission to National Assembly: The President must transmit the proclamation to the President of the Senate and the Speaker of the House of Representatives.
2. Meeting of National Assembly: The President of the Senate and the Speaker of the House of Representatives must convene a meeting of the National Assembly to consider the situation.
3. Approval by National Assembly: The National Assembly must approve the proclamation by a resolution passed by a simple majority of the members of each House.
Duration of Emergency
The proclamation of a state of emergency remains in force for:
1. Initial Period: A period of 6 months from the date of the proclamation.
2. Extension: The National Assembly can extend the period of the proclamation for a further period of 6 months at a time.
Revocation of Emergency
The President can revoke the proclamation of a state of emergency if:
1. National Assembly Resolves: The National Assembly passes a resolution revoking the proclamation.
2. President's Discretion: The President is satisfied that the circumstances leading to the proclamation no longer exist.
Therefore, Section 305 of the Nigerian Constitution outlines the procedure for proclaiming a state of emergency, including the conditions, transmission to the National Assembly, approval, duration, and revocation of the emergency. With the foregoing in mind and without any scintilla of anachronism, I wish to state that the current Nigerian President was one of the crusaders of the 3rd (annulled)and 4th Republic democratic Governments of Nigeria, and as such should not let his name go down the path of infamy by the present course of action he has embarked upon. My hope is that he will act within his power as President to rescind this undemocratic decision which to me is ultra vires. This is important and most expedient so he won't write his presidential memoir in years to come and blame some other personality who teleguided him by way of ventriloquism just Ibrahim Badamasi Babangida blamed the annulment of June 12, 1993 on someone else when he was the man at the helm. Surely, Nigerians knew and still know who annulled the June 12, 1993 Presidential Election just as they know who declared the state of emergency in Rivers State on Tuesday March 18,2025. My interest is not to unmask the person behind the mask but my sole aim is for the President of Nigeria to use his power to reverse this decision of state of emergency imposed unduly on the democratically elected Government of the good people of Rivers State. President Bola Ahmed Tinubu (BAT) GCFR let me leave an anecdotal maxim attributable to the Hollywood actor turned President of the United States Mr Roland Wilson Reagan in a statement during the cold war to the the President of the defunct Soviet Union Mr Sergeyevich Gorbachev "Mr Gorbachev tear down this wall" Now I say to you Mr President : (Mr Tinubu, tear down this wall paraphrased). Mr Reagan the flamboyant United States President also his Soviet counterpart in Russian : doveryai, no proveryai (Trust but verify).
Prof. Jehu O. Nnaji PhD.
_Distinguished Professor of International Law and Global Politics, University of Kansas Law School USA.
_ Judge at International Criminal Court MCC at the Hague, Netherlands.
_ A Merit Award Winner - University of Naples II, Italy.
_ A Vice-Chancellor Candidate - Enugu State University (ESUT) - 2015. _Enugu East KP Senate Candidate 2019.
_Enugu PDP Governorship Aspirant-2023. _Vice-Chancellor Candidate NAU, UNIZIK 2024.