by Section 130(2) of the same Constitution further defines the President’s role as the Head of State, the Chief Executive of the Federation, and the Commander-in-Chief of the Armed Forces.
The President possesses significant constitutional authority to address critical situations that threaten the peace and stability of the nation. This authority includes the power to declare a state of emergency, as outlined in Section 305(1), (2), and (3)(a-g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):
Subject to the provisions of this Constitution, the President may by instrument published in the Official Gazette of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.
(2) The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation, including the details of the emergency, to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.
(3) The President shall have the power to issue a Proclamation of a state of emergency only when:
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement in a state of war;
(c) there is an actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;
(f) there is any other public danger that clearly constitutes a threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.
The Emergency Powers (Repeal and Re-enactment) Act 2018 also grants the President certain powers.
A common, although controversial, understanding is that after declaring a state of emergency in a specific area, a logical step might seem to be the suspension of democratic institutions and elected officials in the affected areas. The reasoning behind this is purportedly to facilitate the administration of the emergency measures.
It is often assumed that a state of emergency entails the suspension of the rule of law and the implementation of emergency laws or measures as stipulated in the Emergency Powers (Repeal and Re-enactment) Act. This is done to enable the appropriate and adequate resolution of the issues that triggered the emergency declaration.
However, it’s vital to note that suspending democratic institutions and the rule of law are serious actions with significant legal and ethical implications and must be approached with utmost caution and within constitutional boundaries.
@ Okoi Obono-Obla
Disclaimer: The opinion expressed in this article is strictly that of the author, Okoi Obono-Obla, and does not represent TheLumineNews, it’s agent or the organization the author works for.
