Removal of Public Officers under the 1999 Constitution of the Federal Republic of Nigeria: A Critical Assessment of the State of Emergency Declared in Rivers State by President Bola Tinubu on March 18, 2025

Abstract

Removal of public officers in Nigeria is a deeply constitutional matter, governed strictly by procedural and substantive provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu on March 18, 2025 and the subsequent dissolution of democratic structures, especially the removal of key public officers, has ignited legal, political and academic debate. This paper critically assesses the legality, constitutionality and political implications of the removal of public officers in the wake of this emergency declaration. It argued that while the Constitution creates mechanisms for emergency governance, these powers must be exercised strictly within the rule of law and constitutional boundaries. Through doctrinal analysis, case law and comparative outlooks, this article challenged the validity of the President’s actions. The implications of the Rivers State emergency declaration, go beyond the immediate crisis; they cut to the heart of Nigeria’s constitutional order and democratic resilience. The paper found that unless restrained and clearly circumscribed, executive reliance on emergency provisions may become a means to subvert due process and consolidate power, with profound consequences for federalism, rule of law and rights of citizens. The work recommends a constitutionally compliant approach in addressing internal crises in Nigerian states.