Rivers Crisis: Step-by-Step Procedure Of How President Can Declare State of Emergency

Legit.ng journalist Adekunle Dada has over 7 years of experience covering metro, government policy, and international events

FCT, Abuja – The President of the Federal Republic of Nigeria is empowered by law to declare a State of Emergency in any state in the country.

This is according to Section 305 of the 1999 Constitution (as amended).

Legit.ng earlier reported that President Bola Ahmed Tinubu declared a State of Emergency in Rivers State.

Tinubu made the proclamation during a nationwide broadcast on Tuesday, March 18, 2025.

As reported by Vanguard, the process of declaring a State of Emergency involves the following steps:

1. Grounds for Declaration

• There is a war or a major security threat.
• There is a breakdown of public order and safety.
• A natural disaster (like floods or epidemics) has severely affected the state.
• The state government is unable to function properly.
• The governor of the state requests it

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2. Procedure for Declaration

• The President must issue an official proclamation of a state of emergency.

The National Assembly (Senate & House of Representatives) must approve the declaration within two days (if in session) or 10 days (if not in session).

• If the National Assembly approves, the State of Emergency remains in force for six months (and can be extended if necessary).

3. Effect of a State of Emergency

• The federal government may take over the functions of the state government.
• Security forces (military, police) may be deployed to restore order.
• Certain civil rights (e.g., movement, assembly) may be restricted.
• The Governor and State Assembly may be suspended (though this is controversial).

Source: Legit.ng