Nigeria’s President Bola Tinubu recently declared a state of emergency in Rivers State, in the country’s south-south region. He also suspended the state governor and dissolved the state’s House of Assembly. This declaration has led to debates in Nigeria about the legality of the decision. Public law scholar Abiodun Odusote answers some questions about the constitutionality of the declaration.
What does Nigeria’s constitution say about declaring a state of emergency?
Section 305 (1) vests the president with the power to declare a state of emergency in any part of the federation. It has to be done through a notice in the government gazette, copies of which must be sent immediately to the president of the Senate and the speaker of the House of Representatives. They are required to convene a meeting of the two chambers to consider the declaration. They then decide whether to pass a resolution supported by a two-thirds majority of the two chambers approving the emergency proclamation.
