Campus News

RIVERS EMERGENCY RULE Egbewole, others call for constitution amendment

In a bid to prevent a recurrence of the controversy that trailed the recent proclamation of a State of Emergency in Rivers State and the subsequent suspension of all elected officials in the state, legal experts and law scholars , including Prof. Wahab Olasupo Egbewole, SAN, have called for an urgent amendment to the Constitution to include an express provision for clearly defined scope of the President’s powers in such emergency situations.

The experts made the call last Friday (March 21, 2025) at a roundtable debate on the “Constitutionality of the Declaration of a State of Emergency in Rivers State” organised by the Judicial Resource Cluster (Unilorin) and the International Society of Public Law, Nigeria Chapter (ICON-S NG).

The debate, which was held virtually, and monitored by UNILORIN Bulletin, was moderated by Prof. Azubike Omuora-Oguno and Dr. Oluwatosin Igbayiloye, both of the Faculty of Law, University of Ilorin.

In his opening remarks, the Chairman of the group and Vice-Chancellor of the University of Ilorin, Prof. Wahab Olasupo Egbewole, SAN, stressed the need for a critical and objective analysis of the issue, free from political or sentimental influences. He urged participants to focus on legal and academic discourse rather than partisan debates.

Prof. Egbewole said, “We must not be unmindful of what led us to this point, and we must also be mindful of how we navigate this moment to ensure that our democracy survives. We must put our best efforts forward as academics.”

The Vice Chancellor further said that the discussion should not devolve into a blame game. Instead, he called for a well-reasoned analysis of the circumstances surrounding the Rivers State crisis and a concerted effort to prevent a similar situation in the future. He expressed the hope that the deliberations would result in a working document to aid Nigeria’s democratic development.

While contributing to the debate, Prof. Joshua Kayode Olatoke, SAN of the Department of Jurisprudence and International Law, University of Ilorin, pointed out that the President’s actions were constitutional when examined within the framework of Sections 305, 45, and 11 of the Nigerian Constitution. He noted that the declaration of a state of emergency in Nigeria is not unprecedented, citing historical examples dating back to 1960.

According to Prof. Olatoke, Governor Siminalayi Fubara was becoming uncontrollable at the time the President made the proclamation. While noting that there were reports of pipeline bombings and escalating unrest, the Senior Advocate of Nigeria said the President had to act in the interest of national security.

While highlighting the role of godfatherism in the Rivers State crisis, which necessitated the need to address this issue to prevent similar conflicts in the future, Prof. Olatoke urged politicians to prioritise the welfare of the people rather than their personal interests.

Similarly, a Professor of Energy and Electricity law at the University of Lagos, Yemi Oke, SAN, defended the President’s decision, arguing that it was legally justified under the constitution. He explained that Section 305 exists to address national exigencies, and in the case of Rivers State, all prior attempts to resolve the crisis had failed.

“If we put aside sentiments, there is nothing in Section 305 that the President has not fulfilled. Those opposing the action have not proposed a viable alternative. Allowing politics to override national security concerns would have been irresponsible,” he said.

Prof. Oke, however, advocated a constitutional amendment that would clearly outline emergency powers, including provisions that allow the President to assume executive functions without necessarily suspending elected officials.

Another participant, Prof. Iyabode Ogunniran, from the Department of Public Law, University of Lagos, argued that while the President’s actions might have been necessary, there is no explicit constitutional provision that allows the suspension of a governor or legislature under a state of emergency.

While citing Section 305(1)(d), which permits the President to declare a state of emergency when there is an actual breakdown of law and order requiring extraordinary measures, the Law scholar said, “The crisis in Rivers State, which began in 2023, has seen significant developments, including the governor demolishing the House of Assembly complex and presenting a budget to only four members instead of the required number against the provision of the constitution. There were also reports of pipeline bombings amid the political crisis. Given these factors, the President’s action appears justified”.

She, however, stressed the urgency of amending the constitution to provide clarifications on the scope of emergency powers and the options available to the President in such situations. She called on the National Assembly to legislate on the matter to prevent future controversies.

Other participants in the debate, however, argued that the President had exceeded his constitutional powers by declaring a state of emergency in Rivers State. They pointed out that the constitution does not explicitly allow for the suspension of democratically elected officials except through impeachment.

The Head of Litigation at Gbenga Ojo & Co, Mr. Olugbenga Ojo, contended that the provision of the Emergency Acts, Section 11(3), which empowers the President, cannot override the Constitution, nor can it be subservient to its provisions. He warned that the lack of explicit constitutional provisions could lead to further legal disputes and instability.

While calling for an immediate convention of legal and political stakeholders to amend the constitution and include clear provisions for emergency governance, Mr Ojo stated that the supremacy of the constitution must be upheld. “If there had been an express provision that allows the President to remove an elected official under emergency conditions, we wouldn’t be facing this controversy,” he stated

Similarly, the Head of Chambers at KB & Company, Mr Kayode Ajiboye, underscored the need for constitutional amendments. He also urged legal professionals who work with the politicians to guide their political leaders based on the dictates of the law rather than personal interests. “What happened in Rivers State is a result of a personality clash. Politicians must understand that leadership is about serving the people, not personal gain,” he said.