The Rule of Law and the Suspension of Elected State Officials:

A Critical Analysis of the Nigerian Experience.

By Nengi Abam.

Introduction

The rule of law is the foundation of any democratic society, ensuring that governance operates within the confines of constitutional authority. In Nigeria, the power of the President to declare a state of emergency and its implications on elected state officials have remained controversial. The recent political crisis in Rivers State reignites this debate, questioning the balance between executive powers and democratic governance.

The Constitutional Basis for a State of Emergency

Section 305 of the 1999 Constitution empowers the President to declare a state of emergency in any part of Nigeria under specific circumstances, such as war, natural disasters, or threats to public safety and order. This power, however, does not automatically extend to the removal or suspension of elected state officials, including the Governor. Instead, such officials can only be removed through constitutional mechanisms such as impeachment (Sections 188–189) or judicial proceedings.

The Nigerian Experience: A History of Controversy

Historically, the declaration of a state of emergency in Nigeria has often been accompanied by the suspension of elected officials. In 2004 and 2006, President Olusegun Obasanjo removed Governors Joshua Dariye (Plateau) and Ayo Fayose (Ekiti) under the guise of emergency rule. However, these actions raised serious legal and ethical concerns, as they undermined the democratic process and disregarded constitutional provisions on the removal of elected officials. In contrast, when President Goodluck Jonathan declared a state of emergency in Adamawa, Borno, and Yobe states in 2013, he did not suspend the governors or the State Houses of Assembly, which was seen as a more constitutional approach.

The ongoing political crisis in Rivers State, before now sparked concerns about a potential federal intervention through emergency powers. However, it was never foreseen that such emergency would lead to the temporary sack of the Duly elected government officials by any other means except from what is obtained constitutionally by virtue of Section 188 & 189 of the Constitution of the Federal Republic of Nigeria (1999). Furthermore, the actions of the President raises the following issues:

1. Whether the Governor can be suspended in a democratic society, through a State of Emergency? On this issue, it is my submission that a democratically elected governor cannot be suspended, unless removed through impeachment or a judicial process. Any suspension would be an overreach of presidential powers. Therefore the actions of the President is unconstitutional and so be made null and void. See Section 1(3) of the Constitution of the Federal Republic of Nigeria.

2. Does Emergency Rule Justify Federal Takeover? While emergency rule allows temporary measures to restore order, it does not dissolve democratic institutions. The National Assembly may assume certain functions, but the elected Governor and State Assembly remain legitimate.

To prevent a constitutional crisis in Rivers State and beyond, the Nigerian government must adhere strictly to the provisions of the law, as given in the Constitution. Which are;

1. Judicial Oversight: Any emergency declaration should be subject to judicial review to prevent executive overreach.

2. Legislative Safeguards: The National Assembly should ensure that emergency measures do not undermine democratic governance.

3. Respect for Due Process and the Rule of Law: The suspension or removal of elected officials must follow constitutional procedures, not executive fiat.

Conclusion

The rule of law must remain paramount in Nigeria’s democratic process. While the President has the power to declare a state of emergency, this does not justify the removal of elected officials outside constitutional provisions. The Rivers State situation should serve as a test case for strengthening democratic institutions, ensuring that emergency powers are exercised within legal

and ethical boundaries.