Carrying out an election under an emergency state in Nigeria is a complex and very discussed issue. While the Constitution does not explicitly prohibit it, legal and constitutional experts greatly argue that such a socially under -term practice of a free, fair and credible choice.
Tribune online He had previously reported that Rivers last weekend celebrated his election from the local government under an emergency rule headed by the only admire of the Ibok-Ete Ekwe Ibas Administrator (RTD).
The Nigerian Constitution and the Electoral Law provide the legal framework for emergencies and elections, and its interaction is a matter of careful legal interpretation.
Legal framework for elections and emergency state
The legal framework for elections in Nigeria is mainly governed by the third annex and sections 76, 116, 132, 153 and 178 of the 1999 Constitution of the Federal Republic of Nigeria (amended) and the electoral law, 2022. These laws assign specific responsibilities and powers to the Independent Electoral Commission (INEC) and establish the temporary procedures and time for all elections for all elections for the specific elections for the specific elections for all the elections for all the elections for all elections for all elections for the elections to the Independent Electoral Commission (INEC) and establish the procedures and procedures and time for all elections for elections and Powers. The provisions of these laws are fundamental to determine the legality of an election held during an emergency state and the powers of a single administrator.
Provisions of the Constitutional and Electoral Law
Section 305 of the 1999 Constitution describes the conditions under which an emergency state can be declared. It establishes that the president can issue a proclamation of an emergency state if “the Federation is at war” or “there is a clear and present danger of a real breakdown of public order and public safety in the Federation or any part of the same that requires extraordinary measures to avoid that danger.” This statement must be approved by a majority of two thirds of all members of each house of the National Assembly within a specific period.
Section 24 of the Electoral Law of 2022 is the specific provision that addresses the conduct and the postponement of the elections in an emergency. He affirms: “When a date for the celebration of an election has been designated, and there are reasons to believe that a serious violation of peace will occur … or it is impossible to make the elections as a result of natural disasters or other emergencies, the commission can.” This provision grants INEC, and not to the President or a single administrator, the authority to postpone an election during an emergency.
Section 197 of the 1999 Constitution establishes the independent electoral commissions of the State (SIEC) in each state, which are responsible for making elections from the local government. This provision reinforces that the power to organize the elections is based on legally established commissions, not with designated government officials.
Ethical and legal implications
The main legal and ethical argument against celebrating an election under the emergency rule is that the conditions of an emergency directly enter into conflict with the central requirements of a democratic electoral process. Conditions include:
Fundamental Rights Restriction
An emergency state often implies the suspension or restriction of fundamental human rights, including freedom of movement, freedom of expression and the right to the Pacific Assembly. These rights are essential for political campaigns and public debates. Without them, candidates through political division cannot campaign effectively, and voters cannot freely express their views or participate in the process without fear of intimidation.
Committed credibility
The very existence of an emergency implies a breakdown of the law and order. This creates a high risk of voting intimidation, outburst and other forms of electoral negligence. The presence of security forces with extraordinary powers could be seen as an attempt to influence the result of the election, eroding public trust.
Lack of a level playing field
The government in power, which declared the emergency, could be seen as an unfair advantage when controlling the security apparatus and public resources during the electoral period. This creates a game of the game for opposition parties and candidates.
Example of the river status
The statement of an emergency state in the state of Rivers by President Bola Tinubu on March 18, 2025, served as a case study of the real world for this complex legal problem. The president’s base for the declaration was a combination of growing political tensions, a collapse of governance and a deterioration of the security situation in the State.
In his national broadcast, the president cited a series of events to justify his actions. He referred to the persistent political crisis between the governor and the State Assembly Chamber, including the demolition of the Assembly complex. In addition, he noted that a judgment of the Supreme Court had found that the state government was in a state of constitutional violation, since it could not facilitate the approval of an appropriation bill. The president also pointed to recent security reports that detailed “disturbing incidents of the vandalization of pipes by some militants”, who said that the governor had not addressed.
Citing section 305 (3) of the 1999 Constitution, he declared an emergency state, suspended the governor, his deputy and all the elected members of the House of the Assembly for an initial period of six months and appointed a single administrator.
The National Assembly, through a voice vote, approved this statement. However, the legitimacy of this action was immediately challenged, and legal experts argue that the approval of the National Assembly did not meet the constitutional requirement of a two -thirds majority of each Chamber.
After the statement, the only designated administrator, the vice-minister Ibok-Ete Ekwe Ibas (RTD), took several actions that have been widely criticized as unconstitutional. These included dissolve the independent electoral commission of the existing State and appoint new members and make elections of the local government on August 30, 2025. This has become another point of inflammation of the controversy, such as the reason for the state of emergency, a breakdown of the law and order, contradicts the idea of ​​a free and credible choice. Political parties, including the Popular Democratic Party (PDP) in the State before the emergency declaration, boycotted the elections and the results have been questioned by the alleged inflation of votes.
The state of emergency and subsequent elections have caused a series of legal challenges. Several state governments led by the opposition have filed a lawsuit in the Supreme Court, arguing that the president has no constitutional power to suspend a democratically elected government. The IJAW Youth Council has also led to the Federal Government to the Community Court of Justice of Ecowas. These legal battles are ongoing and is expected to establish a critical precedent for the future of the democratic government and federalism in Nigeria.
Expert perspectives
The public affairs analyst, Dr. Abdullahi Jubril, stressed even more concerns, stating that the appearance of an administrator not chosen “will definitely raise serious questions about legitimacy and equity.”
He pointed out that the process lacked inclusion, creating “the impression of a predetermined result”, which often led to the distrust of citizens.
Dr. Jubril described the election as a “kangaroo agreement only to obtain cheap political profits,” and warned that the absence of a democratically chosen body eliminates the necessary controls and balances and cannot guarantee the autonomy of the local government.
He also suggested that it could be an attempt by the state government to “retain power and supremacy at the local level instead of allowing free and fair elections.”
A Nigerian lawyer based in the United States, Barr. Juliet Asekomeh also corroborated the opinion that celebrating an election during an emergency state is legally questionable.
She argues that the Supreme Court Judgment on a previous election of the Local Government of Rivers serves as a clear example of how such processes violate the electoral laws.
She describes specific legal violations that the court identified:
“The State Independent Electoral Commission (RSIEC) could not provide the mandatory 90 -day notice required by section 28 of the Electoral Law.
“The commission also violated section 9 by continuing to register voters after the legal limit.
“These violations meant that the elections were not carried out with” substantial compliance “to the law, as required by section 150,” he said.
ASEKOMEH also pointed out that these actions undermine the 1999 Constitution, specifically section 7 (1), which guarantees the local government councils democratically elected.
He concluded that although the election may not have been officially attacked by a court at the time of the report, the severe constitutional and legal concerns place their legitimacy in a “legal gray zone.”
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