State of Emergency in Nigeria: Legal Framework, Procedure, and Implications
Introduction
A state of emergency is a constitutional framework that grants the federal government powers to restore order in times of crisis. In Nigeria, this provision is enshrined in Section 305 of the 1999 Constitution (as amended). It allows the President to declare a state of emergency when there is a threat to national security, public safety, or the functioning of government institutions. The recent declaration in Rivers State highlights the legal and procedural complexities of this emergency measure.
Definition and constitutional provision of state of emergency
The 1999 Constitution does not explicitly define the term "state of emergency." However, its meaning can be inferred from a combined reading of certain constitutional provisions, particularly Section 45(3), which states:
"In this section, a period of emergency means any period during which there is in force a proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under Section 305 of this Constitution."
While Section 305 grants the President the authority to declare a state of emergency, it does not explicitly define the term. Instead, it extensively outlines the procedure for such a declaration, the circumstances under which it may be declared, the conditions for its cessation, and the roles of the National Assembly, state governors, and state legislative houses in the process.
The Nigerian Constitution provides a clear legal basis for declaring a state of emergency. Section 305 outlines the conditions under which this can occur, including:
War or Insurrection – If Nigeria is at war or faces imminent danger.
Breach of Public Order and Safety – When public order is under threat and normal legal measures are insufficient.
Breakdown of Law and Order – If governance in any part of the country is hindered by civil unrest.
Public Health Crises – Such as pandemics.
Natural Disasters – Earthquakes, floods, or similar emergencies.
Under this section, the President can issue a proclamation of a state of emergency but must seek approval from the National Assembly within two days (if in session) or ten days (if not in session). The Assembly must pass a resolution approving the declaration by a two-thirds majority for it to remain in force beyond the initial period else it ceases and will not be enforced. Arising from the above constitutional provisions, it is crystal clear that a television declaration of a state of emergency such as that done by president Bola Ahmed Tinibu on the 18th of March, 2025 cannot be a valid declaration of a state of emergency within the purview of section 305(1)(2) and (4) of the constitution.
Procedure for Declaring a State of Emergency
The process follows these key steps:
The President, is often advised by security agencies after assessing the crisis. The President may consult the Council of State, governors, or lawmakers to ascertain the assessment before making a formal declaration specifying the affected area and reasons. After that is the done, the proclamation must be submitted for legislative approval within the stipulated time frame.
Duration of state of emergency in Nigeria
Section 305 of the 1999 constitution provides the duration of a state of emergency in Nigeria. It states that a president can declare a state of emergency which must be approved by the National assembly, after approval the state of emergency will last for six months but if the situation persists the National Assembly can extend it indefinitely for another six month increment as long as they approve each extension. However, it can also be lifted once normalcy is restored.
Aftermath and Implications
The consequences of a state of emergency vary depending on its severity and duration. Common outcomes include:
Increased Military and Security Presence – The federal government may take over security operations.
Restrictions on Civil Liberties – Citizens may experience movement restrictions, curfews, or media censorship.
Judicial Independence Maintained – Courts generally continue to function unless specified otherwise.
Conclusion
The declaration of a state of emergency in Nigeria is a significant legal action with far-reaching implications. While it is designed to restore order, it often sparks debates on the balance between security and democratic governance. As seen in past cases—including the recent Rivers State emergency—its effectiveness depends on how it is implemented and whether constitutional safeguards are upheld.
Article by Ayawari Tom Ebibo
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