Hon. Larry Edemanya, has raised critical legal concerns regarding the declaration of a state of emergency and the suspension of democratic institutions in Rivers State, Nigeria.
Edemanya in his statement released on March 18, 2025, emphasized that the power to declare a state of emergency is not absolute. According to him, the President or a State Governor cannot unilaterally enforce such a proclamation without the approval of the National Assembly or the relevant State House of Assembly, as stipulated in the constitution. According to him, “the President or a State Governor cannot unilaterally enforce such a proclamation without the approval of the National Assembly or the relevant State House of Assembly, as stipulated in the constitution.”
He further explained that while the President holds the authority to declare a state of emergency under Section 305(3)(a)-(f) of the 1999 Constitution, the National Assembly serves as the reviewing body with the power to approve or reject such a decision. “To iterate, the National Assembly is the approval and consenting body. Consequently, it shares with the President any constitutional, legal, or moral blame or consequences that might be occasioned by the declaration of a state of emergency.”
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Edemanya also highlighted a past case involving Plateau State, where the Supreme Court missed the opportunity to provide clarity on the issue. “It is most unfortunate that Nigerians were denied the opportunity to settle this issue when the Supreme Court struck out the case of Plateau State of Nigeria and Anor v. Attorney-General of the Federation & Anor.”
State of Emergency
He pointed out that the suspension of elected institutions during an emergency period is unconstitutional and undermines democracy. “In short, the action of the Federal Government with respect to these institutions amounts to a revolution or coup d’état since it was not contemplated by the constitution. It was indefensible in a democratic context.”
While acknowledging that emergency powers may lead to temporary restrictions on certain rights, he insisted that they should not replace elected institutions with unelected administrators. “Exercise of emergency powers involves derogation from fundamental rights within certain bounds. However, that process must not displace elected democratic institutions with alien dictatorship.”
According to him, democratic governance must be upheld, even in times of crisis, and any legal conflicts should be resolved by the judiciary, as guaranteed by the constitution. “Furthermore, where a conflict arises from the exercise of constitutional power, the only ordained and valid umpire is the court of competent jurisdiction.”
Edemanya concluded by warning that any attempt to override democratic institutions under the guise of a state of emergency is unjustifiable and goes against the principles of constitutional democracy. “The unconstitutional suspension of democratic institutions negates that democracy.”
Read also: BREAKING! President Tinubu Declares a State of Emergency in Rivers State (Read Full Speech)
