Constitution empowers the President to declare state of emergency in any part
of the country.
The President must, however, immediately obtain the
permission of the National Assembly for his decision which has a life
shelf of six months in the first instance.
It states: 305. (1) 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 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 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 which 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.
(4) The Governor of a State may, with the sanction of a
resolution supported by two-thirds majority of the House of Assembly, request
the President to issue a Proclamation of a state of emergency in the State when
there is in existence within the State any of the situations specified in
subsection (3) (c), (d) and (e) of this section and such situation does not
extend beyond the boundaries of the State.
(5) The President shall not issue a Proclamation of a
state of emergency in any case to which the provisions of subsection (4) of
this section apply unless the Governor of the State fails within a reasonable
time to make a request to the President to issue such Proclamation.
(6) A Proclamation issued by the President under this
section shall cease to have effect –
(a) if it is revoked by the President by instrument
published in the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and
within two days when the National Assembly is in session, or within ten days
when the National Assembly is not in session, after its publication, there is
no resolution supported by two-thirds majority of all the members of each House
of the National Assembly approving the Proclamation;
(c) after a period of six months has elapsed since it
has been in force:
Provided that the National Assembly may, before the
expiration of the period of six months aforesaid, extend the period for the
Proclamation of the state of emergency to remain in force from time to time for
a further period of six months by resolution passed in like manner; or
(d) at any time after the approval referred to in
paragraph (b) or the extension referred to in paragraph (c) of this subsection,
when each House of the National Assembly revokes the Proclamation by a simple
majority of all the members of each House
