In Nigeria, the President can declare a State of Emergency in any state under Section 305 of the 1999 Constitution (as amended). The process involves the following steps:
1. Grounds for Declaration
A State of Emergency can be declared if:
• There is a war or a major security threat.
• There is a breakdown of public order and safety.
• A natural disaster (like floods or epidemics) has severely affected the state.
• The state government is unable to function properly.
• The governor of the state requests it.
2. Procedure For Declaration
• The President must issue an official proclamation of a state of emergency.
• The National Assembly (Senate & House of Representatives) must approve the declaration within two days (if in session) or 10 days (if not in session).
• If the National Assembly approves, the State of Emergency remains in force for six months (and can be extended if necessary).
3. Effect of a State of Emergency
• The federal government may take over the functions of the state government.
• Security forces (military, police) may be deployed to restore order.
• Certain civil rights (e.g., movement, assembly) may be restricted.
• The Governor and State Assembly may be suspended (though this is controversial).
4. Examples of Past State of Emergency Declarations in Nigeria
• 2004 (Plateau State) – President Obasanjo declared a State of Emergency due to ethnic clashes.
• 2006 (Ekiti State) – President Obasanjo suspended the governor over a political crisis.
• 2013 (Borno, Yobe, and Adamawa States) – President Goodluck Jonathan declared a State of Emergency due to Boko Haram insurgency.
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