STATE OF EMERGENCY FROM OBASENJO TO TINUBU (1999 - 2025)

 

President Bola Tinubu has declared a state of emergency in Rivers State, citing the protracted political crisis that has been rocking the oil-rich state since September 2023.

In a nationwide broadcast on Tuesday, Tinubu announced the suspension of Governor Sim Fubara, his deputy, and all elected members of the state House of Assembly for an initial period of six months.

To oversee the state during the emergency rule, the President appointed a former Chief of Naval Staff, Admiral Ibokette Ibas (retd.), as the administrator. The 1999 Constitution, under Section 305, empowers the President to declare a state of emergency under specific conditions.

The proclamation must be published in the government gazette and transmitted to the National Assembly for approval.

A two-thirds majority of the National Assembly is required to validate the declaration, ensuring a system of checks and balances to prevent abuse of executive powers.

Since Nigeria’s return to democracy in 1999, Tinubu’s action marks the fourth time a state of emergency has been declared by a sitting President.

Other notable instances were:

1. Plateau State (2004)

During Olusegun Obasanjo era as president, in May 2004, State of Emergency was declared in Plateau State following a heave in ethno-religious violence that led to widespread killings and demolition of properties. President Obasanjo sacked Governor Joshua Dariye, accusing him of failing to act to end a cycle of violence between the Plateau State's Muslim and Christian communities in a bloodletting which had claimed more than 2,000 lives. The president also dissolved the Plateau State legislature and appointed a retired army general, Chris Ali, as interim administrator for a six months period. The governor and state assembly were suspended, and Major General Chris Alli (retd.) was appointed administrator to restore order. The declaration of emergency rule in Plateau State then drew mixed reactions. Stanley Bentu, spokesman for the Plateau State Government, said the governor had “accepted the decision” to impose a state of emergency in good faith and did not even bother to go to his office on the said day. However, Saidu Dogo, Secretary General of the Christian Association of Nigeria in the north of the country, said Obasanjo’s action was unjust. “On the principle of justice, the decision to impose emergency rule in Plateau is wrong,” Dogo told IRIN. “If he had done the same in Kano it would’ve made sense. More people were killed in Kano, and it was the governor (Ibrahim Shekarau) that went on radio to urge Muslims to demonstrate.”

2. Ekiti State (2006)

A leadership crisis in Ekiti State prompted Obasanjo to impose emergency rule in October 2006.

Legislators in southwest Ekiti state voted to remove Gov. Ayo Fayose on Monday after finding him guilty of siphoning state funds into personal bank accounts and receiving kickbacks.

“I hereby declare a state of emergency in Ekiti state,” President Olusegun Obasanjo said in a national broadcast. However, Obasenjo made it clear that the removal of Fayose was illegal because some steps in the impeachment process violated Nigeria’s constitution, Obasanjo said.

He suspended the state legislature for six months, along with Fayose, his deputy and Friday Aderemi, the former speaker of local parliament who was claiming to be governor then.

Obasanjo appointed a retired general to administer the affairs of the state and maintain security there for the next six months.

Then Minister of Information, Frank Nweke said the legislators’ removal of a state chief judge was an action outside their power. The replacement judge set up the impeachment panel that found Fayose guilty of misconduct.

“It is a clear case of usurpation of power and it is dangerous for our democracy to allow this flagrant violation.” said Obasanjo.

The crisis stemmed from the controversial impeachment of Governor Ayo Fayose, which plunged the state into chaos. Brigadier General Adetunji Olurin (retd.) was appointed administrator until the situation stabilized.

3. Borno, Yobe, and Adamawa States (2013)

Amid escalating Boko Haram insurgency, President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states on May 14, 2013.

Unlike previous instances, governors and state assemblies were not suspended; instead, the federal government deployed more troops and imposed curfews to curb insurgent activities.

During this time diverse opinions arise in the country with Nigerians reacting differently to the declaration of the State of Emergency in Borno, Yobe and Adamawa States by President Goodluck Jonathan on Tuesday 14^th May, 2013 to check the security challenges in the states.

The former present Jonathan had, in a nationwide broadcast, announced the declaration of the state of emergency in the three states. He, however, allowed the democratic structures in the States to remain intact. During that period, while some hailed the president’s decision, others condemned it, insisting that it would not make any major difference.

A Lagos-based lawyer by the name Festus Keyamo, in statement, hailed the Federal Government for declaring a state of emergency in the three states in the light of the refusal of the insurgents to dialogue with it. Barr. Keyamo noted that since it is the primary duty of the government to protect lives and property, it is right for it to dig deep with a view to finding lasting solution to the ceaseless carnage, stressing,

“We owe it a duty to assist government to restore law and order in the country. It is for our overall benefit. The declaration of a State of Emergency by President Goodluck Jonathan in Borno, Yobe and Adamawa States as a result of months of ceaseless bloodshed and carnage by insurgents is a step that has long been overdue.

 “The bloodletting in the States left the President with no other option but to take this extraordinary step. This step must be appreciated in the light of the refusal of the insurgents to even dialogue with the Federal Government.

“The primary duty of any Government is to protect lives and properties and it is only right that government should dig deep to find a lasting solution to this ceaseless carnage.” He said. But he however, identified some measures that should be adopted by government not to politicise the action; that the military should not trample on the fundamental rights of innocent citizens in the states so that they do not become the scourge rather than solution. And that the President must follow all the steps required in Section 305 of the Constitution; and that troops must return to the barracks when calm is restored to states.

Also, a group, Human Rights Writers’ Association of Nigeria, HURIWA, praised the government for adopting the measure to check insecurity in the states.

HURIWA after reviewing the contents of the national media broadcast made by former president Goodluck by 7pm of Tuesday May 14th 2013 decided to throw  total and unconditional support to the declaration of the state of emergency on those states whereby terrorists have taken over and have constituted themselves into alternative government which are clear and present danger to the constitution of the Federal Republic of Nigeria which jealously guides against any outrageous criminal act that will undermine the territorial integrity of Nigeria as a sovereign entity.

But he however stated that, “although these anti-terrorism measures were so long and late in coming but they are better late than never because if the President had failed to take these stern measures to salvage Nigeria from collapse then he would have faced very harsh historical judgment.”

The group also asked Mr. Jonathan “to disband the Presidential committee on amnesty to terrorists headed by his minister for special duties Mr. Tanimu Turaki,” because according to it, “the continuous negotiation with mass murderers will inevitably undermine the constitution of Nigeria and embolden law breakers and prospective terrorists and criminals to have a false sense of confidence and belief that terrorism and violence pays.”

However, a constitutional lawyer, Jiti Ogunye told PREMIUM TIMES in a telephone interview that by the broadcast, the Presidency merely admitted that it had been under pressure to re-assure Nigerians that the Federal Government was still in control of the situation. According to him, the new measure may not change anything.

“My general impression is that the Presidency is under pressure to re-assure Nigerians that the Federal Government is still in control of the situation. However, whether in the coming days Nigerians will be reassured is another thing.

“It has not added anything. The President condemned the killing of security agencies in Nasarawa and that the insurgents were trying to carve out a territory, hoisting a different flag. Yes, the President can say so.

“There is no responsible government that can allow and which will then mean that more troops will be deployed. The question therefore is: If more troops are deployed, what have the troops been doing before now? Weren’t more troops deployed before now?

“Again, the troops have been taking extra measures by conducting house to house search on a daily basis without search warrant, so what extra measures are they going to take?

“So, I don’t think the President has said anything new. What he has admitted is that the insurgents have an ideology and want to carve out a separate state. By that he should have called for a Sovereign National Conference. He may not call it that. He can call it National Dialogue.”

However, Mr. Ogunye said Mr. Jonathan did not misapply the constitutional provisions as did former President Olusegun Obasanjo who dismantled the democratic structures in Plateau and Ekiti States some years ago.

Also speaking, the National Publicity Secretary of the Congress for Progressive Change, CPC, Rotimi Fashakin, said the President may have been left with no option than to declare a state of emergency in the affected states, adding “let’s concede to him; he may have a broader view of the crisis since he relates with the security agencies.

The national leadership of the All Nigeria Peoples Party, ANPP, the party that controls Borno and Yobe States, could not immediately respond to the emergency declaration by the Federal Government.

Its spokesman, Emma Eneukwu, told PREMIUM TIMES he would prefer to meet with the senior members of the party’s leadership before reacting to the President’s broadcast.