The declaration of state of emergency in Rivers State by the president raises fundamental concerns about the rule of law, democratic governance and the delicate balance of power in a federal system. This move, purportedly sanctioned by Section 305 of the 1999 Constitution, warrants scrutiny against the backdrop of Nigeria's chequered history of emergency rule.
In the words of Justice Chukwudifu Oputa: "The Constitution is not a mere document, it is the foundation of the state, the source of all authority, and the guarantee of individual rights and freedoms." (Attorney-General of Abia State v. Attorney-General of the Federation (2002) 6 NWLR (Pt. 764) 542).
It is thus imperative to examine whether the president's declaration aligns with the constitutional framework and the principles of democracy.
The 1999 Constitution, in Section 305(2), mandates that the president obtains the approval of the National Assembly before declaring a state of emergency. This provision underscores the importance of checks and balances in a democratic system, ensuring that the Executive does not unilaterally assume powers that could undermine democratic governance.
Historical precedents also caution against the arbitrary declaration of a state of emergency. In 1962, the then-Prime Minister, Sir Abubakar Tafawa Balewa, declared a state of emergency in the Western Region, citing a breakdown of law and order. However, this move was widely criticised as a ploy to consolidate power and stifle opposition.
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Similarly, in 2011, President Goodluck Jonathan declared a state of emergency in parts of Borno, Yobe, and Plateau states, citing security concerns. However, this move was also met with criticism, with many arguing that it was an overreach of executive power.
In the present case, the president's declaration of a state of emergency in Rivers State, ostensibly to address the lingering political crisis, raises similar concerns. By suspending all elected officials from the executive and legislature, the President may be seen as usurping the powers of the people and undermining the democratic process.
As the philosopher, John Locke, astutely observed, _"The Constitution of any State is the fundamental act that establishes the powers and authorities of the government." (Locke, J. (1689). Two Treatises of Government). In this light, the President's declaration must be measured against the constitutional framework and the principles of democracy, lest we risk undermining the very foundations of our democratic system.
In conclusion, while the President's declaration of a state of emergency in Rivers State may have been motivated by a desire to restore order and stability, its constitutionality and implications for democratic governance warrant careful scrutiny. As we navigate this complex situation, it is essential to remain vigilant and ensure that the rule of law and democratic principles are upheld.
Samuel Ankwagh wrote from CIPPON, Abuja
