A State of Emergency is a situation in which the government is empowered to take extraordinary measures to restore public safety, maintain law and order, or address significant crises. In Nigeria, the 1999 Constitution (as amended) provides the legal framework for declaring a state of emergency.
Constitutional Basis for a State of Emergency
The power to declare a state of emergency is derived from Section 305 of the 1999 Constitution of Nigeria. This section vests the President with the authority to issue a proclamation of a state of emergency under specific circumstances.
Circumstances for Declaring a State of Emergency
According to Section 305(3) of the Constitution, the President may declare a state of emergency by an instrument published in the official Gazette only under the following conditions:
- War situation involving the Federation.
- Imminent War or Invasion
- Breakdown of Public Order and Safety which requires extraordinary measures to restore peace
- Threat of Breakdown of Public Order
- Disaster or Natural Calamity which affects a community or the entire nation.
- Any Public Danger or emergency threatening the existence of Nigeria
- A Governor’s Request with the approval of a two-thirds majority of the State House of Assembly.
Procedure for Declaring a State of Emergency
- Official Proclamation
The President issues a proclamation published in the official Gazette.
- Transmission to the National Assembly
The President must send copies of the proclamation to the President of the Senate and the Speaker of the House of Representatives, who must in turn convene their respective Houses to consider the situation.
- Approval by the National Assembly
The National Assembly must approve the proclamation within two days (if in session) or ten days (if not in session) If the proclamation is not approved within the stipulated time, it ceases to have effect.
- Duration and Extension:
The state of emergency lasts for six months unless a two-thirds majority resolution of the National Assembly extends it out of necessity.
Revocation
- The President can revoke the proclamation by publishing an instrument in the official Gazette
- The National Assembly may also revoke the proclamation at any time by a simple majority vote.
Effects of a State of Emergency
Once a state of emergency is declared, the government may take the following measures if necessary:
- Restriction of Movement into or from affected areas.
- Temporary Suspension of Certain Constitutional Rights and civil liberties for the sake of security.
- Deployment of Security Forces to restore order.
- Economic and Political Measures may require government action towards stability.
Impact on State Governors
- The Constitution does not explicitly remove Governors from office during a state of emergency, however past precedents suggest that:
- The President may appoint an administrator to take over executive functions in the affected State.
- The Governor and State House of Assembly may become subordinate to federal authority for the period of the emergency.
- In cases like Plateau (2004) and Ekiti (2006), Governors were temporarily replaced by appointed administrators.
Past Declarations of State of Emergency in Nigeria
1. Western Region (1962)
Prime Minister Tafawa Balewa declared a state of emergency in the Western Region due to a severe political crisis within the Action Group (AG). The internal feud between Chief Obafemi Awolowo and Chief Samuel Ladoke Akintola led to violent clashes and legislative chaos. The region was placed under emergency rule, and Dr. Moses Majekodunmi was appointed administrator.
2. Plateau State (2004)
In May 2004, President Olusegun Obasanjo declared a state of emergency in Plateau State following a surge in ethno-religious violence that resulted in widespread killings and destruction. Governor Joshua Dariye and the State House of Assembly were suspended, and Major General Chris Alli (retd.) was appointed administrator to restore order.
3. Ekiti State (2006)
A leadership crisis in Ekiti State led President Obasanjo to impose emergency rule in October 2006. The controversy arose after the impeachment of Governor Ayo Fayose, which triggered political instability. Brigadier General Adetunji Olurin (retd.) was appointed administrator until normalcy was restored.
4. Borno, Yobe, and Adamawa States (2013–2014)
President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa States on May 14, 2013 amid the escalating Boko Haram insurgency.
Unlike previous cases, governors and state assemblies were not suspended. Instead, the federal government deployed more troops and imposed curfews to curb insurgent activities. The crisis persisted despite intensified military operations.
5. Some Local Governments in Borno and Plateau (2011)
President Jonathan imposed emergency rule in select local government areas in Borno and Plateau States due to rising Boko Haram attacks and communal conflicts. This was Before the full-scale emergency in 2013.
6. Rivers State (2024–2025)
President Bola Tinubu declared a state of emergency, citing a breakdown of governance in the state.
This followed a political power struggle between Governor Siminalayi Fubara and the Rivers State House of Assembly with tensions escalated.