AN EXAMINATION OF THE CONSTITUTIONALITY AND LEGALITY OF THE STATE OF EMERGENCY AND SUSPENSION OF ELECTED OFFICERS IN RIVERS STATE BY TINUBU ADMINISTRATION IN MARCH, 2025: THE WAY FORWARD FOR SUSTENANCE OF DEMOCRATIC GOVERNANCE IN NIGERIA

Abstract

This study examines the constitutionality and legality of the declaration of a state of emergency and the suspension of elected officers in Rivers State by the Tinubu administration in March 2025. The analysis interrogates whether these actions align with the provisions of the Constitution of the Federal Republic of Nigeria, particularly regarding the circumstances under which a state of emergency can be declared, and the processes for removing or suspending elected officers. This study employs a qualitative research methodology to analyze the constitutionality and legality of the declaration of a state of emergency and the suspension of elected officers in Rivers State by the Tinubu administration in March 2025. The methodology combines doctrinal legal analysis, case law review, and comparative analysis to assess the constitutional and legal implications of these actions, as well as their impact on democratic governance in Nigeria. By reviewing relevant constitutional provisions, case laws, and principles of federalism and democratic governance, the study critically assess the constitutionality and legality of the federal government’s intervention in Rivers State, and its implications for the rule of law, political rights, and democratic stability in Nigeria. The study further explores the role of judicial review in ensuring that such actions comply with constitutional standards, and it offers a roadmap for safeguarding democratic governance through the strengthening of legal institutions, political accountability, and electoral integrity. The findings underscore the importance of adhering to constitutional processes to prevent executive overreach and maintain the legitimacy of democratic institutions in Nigeria.