The President of Nigeria can declare a state of emergency in a state under specific conditions, as outlined in Section 305 of the 1999 Constitution of Nigeria. However, such a declaration must follow a legal process and meet certain conditions.
Conditions for Declaring a State of Emergency
The President can declare a state of emergency if:
Conditions for Declaring a State of Emergency
The President can declare a state of emergency if:
1. War or Insurrection:
Nigeria is at war, or there is armed conflict within the country.
There is widespread insurrection or rebellion against the government.
2. Breach of Public Order & Safety:
There is a breakdown of law and order in a state, and normal governance cannot continue.
There is a clear and present danger of instability that threatens national security.
Natural or Public Health Disasters:
3. A natural disaster (e.g., floods, earthquakes, pandemics) severely affects governance.
4. Failure of Constitutional Governance in a State:
A state fails to function constitutionally (e.g., if a Governor is unable to govern or there is a power vacuum).
Procedure for Declaring a State of Emergency
1. Governor’s Request (Optional):
The State Governor may request a state of emergency, but this is not mandatory.
President’s Proclamation:
2. The President, after consulting with the Council of State, issues a Proclamation of a State of Emergency.
3. Approval by the National Assembly:
The National Assembly (Senate & House of Representatives) must approve the declaration within 2 days (if in session) or 10 days (if not in session).
If the National Assembly rejects it, the emergency ends immediately.
Effects of a State of Emergency
The Federal Government may assume temporary control of the affected state’s governance.
Security agencies may receive extraordinary powers to restore order.
Certain rights and freedoms may be restricted to manage the crisis.
Examples of Past State of Emergency Declarations
1. 2004 – Plateau & Ekiti States: Declared by President Olusegun Obasanjo due to political crises.
2. 2013 – Borno, Yobe, and Adamawa States: Declared by President Goodluck Jonathan due to Boko Haram insurgency.
Conclusion
A state of emergency is a last resort used when governance breaks down, security is threatened, or a disaster occurs. The President cannot declare it unilaterally—it requires consultation and National Assembly approval to be valid.
