Ayeniromo Orunogbeke
Ayeniromo Orunogbeke
February 17, 2025 at 08:15 PM
STATE OF EMERGENCY To declare a state of emergency in Nigeria, the President must follow these steps as outlined in the Nigerian Constitution: 1. Constitutional Provision: According to Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the President can declare a state of emergency in the whole or any part of the Federation. 2. Reasons for Declaration: The declaration can be made where: • The Federation is at war. • The Federation is in imminent danger of invasion or involvement in a state of war. • There is 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. • 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. • There is an occurrence or imminent danger of an occurrence which may lead to or cause financial or economic instability or dislocation in the Federation. • There is a natural disaster or an imminent danger of a natural disaster. 3. Procedure: • Proclamation: The President must issue a Proclamation which shall be published in the Official Gazette of the Government of the Federation. • Transmission to the National Assembly: Within a period of seven days of the declaration, the President must transmit details of the declaration to the National Assembly for confirmation. If the National Assembly is not in session, it must be summoned to meet within 24 hours to deliberate on the matter. 4. Confirmation by National Assembly: The National Assembly must approve the declaration within 14 days from the day the proclamation is transmitted to them. If this does not happen, the proclamation will lapse after 14 days unless extended by another resolution of the National Assembly. 5. Duration: A state of emergency can be extended by the National Assembly for periods not exceeding six months at any one time. 6. Judicial Review: Any person can challenge the declaration in a court of law if they believe it does not comply with the Constitution. This process ensures that there is a balance between executive action and legislative oversight, aiming to protect democratic principles even during emergencies.
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