State of emergency, democratic governance, imperative of constitutionalism in Nigeria

By Okechukwu Nwanguma

As President of the Federal Republic of Nigeria, Dr. Goodluck Jonathan invoked the constitutional provision to declare a state of emergency in Borno, Yobe, and Adamawa States at the height of the Boko Haram insurgency. This move, grounded in Section 305 of the 1999 Constitution (as amended), was aimed at confronting exceptional security threats, particularly in the northeast, while preserving democratic structures within those states.

In stark contrast, President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State under the guise of addressing a breakdown of law and order represents a troubling departure from constitutional norms. Unlike Jonathan’s measured response, President Tinubu’s action led to the unconstitutional dismantling of democratically elected structures, including the office of the governor and the state house of assembly—an overreach not supported by any provision of the Nigerian Constitution.

The constitution does not grant the President the authority to suspend democratic institutions under the pretext of emergency rule. Such actions undermine federalism, violate the rule of law, and erode democratic governance. President Tinubu’s actions in Rivers State represent a dangerous precedent that threatens the autonomy of states and the principle of separation of powers.

Against this backdrop, the call by Catholic Bishops in Benue State for the declaration of a state of emergency in response to the horrific and unrelenting attacks by armed herdsmen should be approached with caution. While their concern is valid and their call understandable in the face of mass killings and displacement, it inadvertently risks inviting a repeat of the unconstitutional and anti-democratic actions witnessed in Rivers State.

The appropriate response is not the invocation of emergency rule to suspend democracy, but rather for the state governor to lead a coordinated and urgent effort—working with the President and the heads of security agencies—to halt the atrocities, dismantle the criminal networks responsible, bring perpetrators to justice, and provide comprehensive security and rehabilitation for victims.

The welfare and security of the people are the primary responsibilities of the government. Any government that fails in this duty forfeits its legitimacy. The escalating insecurity in Benue, Plateau, and other affected states demands action—constitutional, lawful, and accountable action—not the dismantling of democratic institutions under the cover of emergency powers.

Democracy must not be the casualty of insecurity. Rather, it must be the framework through which sustainable peace, justice, and protection are secured for all Nigerians.

Nwanguma, Executive Director, Rule of Law and Accountability Advocacy Centre (RULAAC)