A LEGAL APPRAISAL OF EMERGENCY RULE IN NIGERIA AND SOUTH AFRICA: A COMPARATIVE APPROACH

Abstract

This article is intended to succinctly consider in a comparative manner, emergency rule in Nigeria and SouthAfrica. Emergency rule is a period that is usually temporal in a nation where extraordinary measures are put inplace to handle urgent, unexpected and unprovided for situation or circumstance that may have devastating andlife and property threatening effects in a nation or a part of it. The paper shall also consider how thesesituations were handled here in Nigeria for the periods they have occurred or declared and the situation inSouth Africa compared with Nigeria and appropriate lessons drawn from them. It is the findings of this paperamong others that, state of emergencies so far declared in both nations have some inadequacies, needlessnessand even some complaints of lawlessness in them. Some were particularly criticized in Nigeria as beingpolitically motivated and inordinately handled. The South African situation seems better and more orderly andwell intended. The paper recommends that declaration of emergency rules must be used sparingly and indeserving situations that actually require their declarations, considering the fact that, when declared somesuspensions or restrictions of some human rights and laws which usually accompany them, lead to abuses ofhuman rights and very high uncertainties to handle in terms of the sudden need of resources; both human andmaterial that are usually unavailable or inadequate. Government at all levels must at all times ensure thatactions and policies are put in place to prevent the occurrence of emergency situations for prevention is usuallybetter than the search for solutions.