By Ephraim Agbo
The declaration of a nationwide state of emergency is one of the most powerful tools in a president’s arsenal.
On November 26, 2025, President Bola Ahmed Tinubu invoked this very power, responding to a wave of mass kidnappings and brazen attacks that have left citizens questioning the state’s fundamental ability to protect them. His order for new rounds of police and military recruitment, the redeployment of security assets to violence-hit zones, and the conversion of NYSC camps into temporary training facilities marks one of the most sweeping security interventions of the Fourth Republic.
But what does a “state of emergency” actually do in Nigeria? The answer lies at the fraught intersection of law, politics, and human rights.
“Today, in view of the emerging security situation, I have decided to declare a nationwide security emergency…” — Presidential Proclamation, Nov. 26, 2025
The Constitutional Scaffold: It’s Not Just a Political Statement
“The powers are broad but legally fenced in by parliamentary oversight and time limits.”
A state of emergency is not political theatre. It is a precise constitutional instrument under Section 305 of the 1999 Constitution, invoked only in moments of war, invasion, or a severe breakdown of public order.
The constitutional process is strict:
- The proclamation must be published in the Official Gazette.
- It must be sent immediately to the National Assembly.
- It expires automatically if the Assembly does not approve it within the constitutional timeframe.
This is the legal firewall separating emergency authority from authoritarian drift.
The Power Switch: What Actually Changes?
“Emergency powers allow the government to move faster—but always within a constitutional fence.”
Tinubu’s proclamation authorizes several extraordinary measures drawn directly from the Gazette text:
- Mass police recruitment, including 20,000 new officers.
- Redeployment of personnel, including withdrawal of police from VIP escorts.
- Use of NYSC camps as temporary training grounds.
- Expanded DSS authority, including deploying trained forest guards and recruiting new personnel to “flush out violent criminals.”
In severe past cases, emergency declarations have also enabled the replacement of elected state governments with federally appointed administrators — a controversial but constitutional provision.
But even in emergencies, courts must remain open, and Parliament stands as the ultimate check.
The Precedent: The Rivers State Laboratory
“The Rivers State case serves as a critical laboratory for the tension between security and politics.”
In March 2025, the federal government declared an emergency in Rivers State, citing political breakdown, sabotage of critical infrastructure, and rising gang violence. Elected officials were suspended, and a retired vice-admiral was installed as administrator.
This triggered two enduring questions:
- Can a state be placed under emergency rule without undermining democratic legitimacy?
- Where is the line between security necessity and political convenience?
The legal and political shockwaves from Rivers continue to shape public perception of Tinubu’s nationwide declaration.
The Tug-of-War: Federalism vs. Necessity
Civil society groups, including the Nigerian Bar Association (NBA), have warned that unrestrained emergency powers risk eroding federal autonomy.
“Emergency powers highlight the dangerous intersection of necessity and liberty.”
Courts will ultimately determine whether constitutional limits were observed — or stretched.
The Trade-Off: Security vs. Civic Space
The core promise of an emergency is enhanced safety: faster deployments, coordinated response, and increased manpower.
But history shows the risks:
- Human-rights abuses by hastily trained recruits
- A shrinking civic and media space
- Over-centralization of security power
- Impunity and weakened accountability structures
“A state of emergency is a stress test for a democracy, reflecting how it balances safety against liberty.”
Tinubu’s proclamation, with its sweeping recruitment authorisations and paramilitary expansions, intensifies these concerns.
Human-rights groups are already raising alerts about:
- Vetting gaps for new recruits
- Accountability weaknesses in DSS-led forest operations
- Risks of arbitrary arrest in rural zones
- The militarisation of civilian spaces like NYSC camps
The challenge is not the declaration itself — but how it is executed.
The Political Signal: Why Declare an Emergency?
Presidents frequently turn to emergency powers for three reasons:
- Political reassurance — to demonstrate decisive action.
- Operational speed — bypassing bureaucratic delays.
- Strategic leverage — compelling cooperation from unwilling sub-national actors.
But because the move is so visible, it draws instant scrutiny from opposition parties, rights groups, and international observers.
A Blueprint for a Responsible Emergency
A legitimate emergency should include:
- Clear, measurable security objectives
- A published operational plan
- Full legislative oversight
- Functioning courts
- Properly trained and vetted recruits
- A measurable, enforceable exit strategy
Without these, emergency rule becomes a shortcut to unchecked executive power.
CLOSING: The Emergency as a Mirror
A state of emergency is not just a security intervention — it is a mirror reflecting the strength of Nigeria’s institutions.
Used wisely, it can restore order.
Used recklessly, it can destabilize the democracy it claims to defend.
President Tinubu’s declaration will not be judged by its intentions, but by its consequences.
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