ARBITRARY DECLARATION OF STATE OF EMERGENCE UNDER THE 1999 NIGERIAN CONSTITUTION: A CALL FOR AMENDMENT

Abstract

In Nigeria, one of the most potent weapons in the hands of the President of the Federal Republic of Nigeria to suppress external aggression and internal insurrection, civil unrest or disturbances, natural and man-made disasters, situation of armed conflicts, etcetera is the declaration of a state of emergency in the Federation or any part thereof contained in section 305 of the Constitution of the Federal Republic of Nigeria 1999, as amended. A state of emergency is a governmental declaration, usually exercised by the President, Head of Government or Head of State, that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviors, or order government agencies to implement emergency preparedness plans for emergency rule. It can also be used as a rationale for suspending some constitutionally guaranteed rights and freedoms. This article examined the regulation of the use of emergency powers in Nigeria with relevant practice in other jurisdictions such as United States of America, France and Switzerland and assessed to what extent and in what ways existing rules protect the democratic order and the principles of democracy. Also, examined more importantly, the role played by the other arms of government in declaring, supervising, and ending emergency situations? This article concluded with some informed recommendations that will end or reduce minimally the abuse that mostly follow declaration of a state of emergency at the same time, comparative benefits and lessons Nigeria can learn from other jurisdictions.