By Dr. Joseph Lanre Sadiq
The Nigerian Constitution permits the President to declare a state of emergency in any state in Nigeria under specific conditions.
This power is enshrined in Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The provision ensures that the President can act decisively in times of crisis while maintaining checks and balances to prevent abuse of power.
Legal Basis for Declaring a State of Emergency
The constitutional framework for declaring a state of emergency is outlined in Section 305 of the 1999 Constitution. The President can exercise this power under the following circumstances:
1. Threat to the Existence of the Federation: If there is a war, insurrection, or any situation that threatens the existence of Nigeria or any part of it.
2. Breakdown of Public Order and Safety: If there is a widespread breakdown of law and order that endangers the stability of the state or the country.
3. Imminent Danger to Lives and Property: If there is a clear and imminent danger to the lives or property of citizens in the state.
4. Inability of the State Government to Function: If the state government is unable to perform its constitutional functions due to internal crises or external threats.
*Procedure for Declaring a State of Emergency*
The Constitution provides a straightforward procedure for declaring a state of emergency to ensure accountability and prevent misuse of power:
1. Presidential Notification: The President must notify the National Assembly in writing before declaring a state of emergency.
2. Approval by the National Assembly: The National Assembly must approve the declaration by a two-thirds majority within:
– Two days if it is in session.
– Fourteen days if it is not in session.
3. Duration of the State of Emergency: The initial declaration can last for six months. However, the National Assembly can extend it if the situation persists.
*Limitations on the President’s Power*
The declaration of a state of emergency does not grant the President absolute power. Key limitations include:
The Constitution and the rule of law remain in force.
The fundamental human rights of citizens must be respected, even during a state of emergency.
The President can not unilaterally impose emergency rules without the approval of the National Assembly.
*Historical Examples of States of Emergency in Nigeria*
Several Nigerian governments have declared states of emergency in response to crises. Below are notable examples:
1. Plateau State (2004)
Reason: Ethnic and religious violence in Plateau State led to widespread killings and destruction of property.
Action: President Olusegun Obasanjo declared a state of emergency and removed the state governor, Joshua Dariye, from office. To restore order, a six-month emergency rule was imposed.
2. Ekiti State (2006)
Reason: Political instability and impeachment of the state governor, Ayo Fayose, created a constitutional crisis.
Action: President Olusegun Obasanjo declared a state of emergency and appointed a military administrator to oversee the state until new elections were held.
3. Borno, Yobe, and Adamawa States (2013)
Reason: The Boko Haram insurgency had escalated, leading to widespread violence and instability in the northeastern states.
Action: President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa states. The military was deployed to restore order, but the state governments remained in place.
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4. COVID-19 Pandemic (2020)
Reason: The global COVID-19 pandemic posed a significant threat to public health and safety.
Action: President Muhammadu Buhari declared a state of emergency and imposed lockdowns in several states, including Lagos, Abuja, and Ogun, to curb the spread of the virus.
*Conclusion*
The Nigerian Constitution grants the President the power to declare a state of emergency in any state under specific conditions. However, this power is subject to strict procedural requirements and oversight by the National Assembly to prevent abuse. Historical examples, such as the declarations in Plateau, Ekiti, and the northeastern states, demonstrate how this constitutional provision has been used to address crises while maintaining the rule of law.
*References*
1. 1999 Constitution of the Federal Republic of Nigeria (as amended), Section 305.
2. Premium Times: “Timeline of States of Emergency in Nigeria” (2013).
3. BBC News: “Nigeria Declares State of Emergency in Three States” (2013).
4. Vanguard Newspaper: “COVID-19: Buharib Declares State of Emergency in Nigeria” (2020).
