In times of crisis, it is crucial for a state to have measures in place to ensure the safety and well-being of its citizens. Unfortunately, there are instances where a crisis remains unresolved, posing a significant threat to the stability of a state. As a result, it becomes necessary to declare a state of emergency. In Nigeria, the constitutional process and provisions for declaring a state of emergency are in place to address such situations.
We will delve into the details of these processes and provisions, and how they can be utilized to effectively handle unresolved crises.
Understanding the Constitutional Basis for Declaring a State of Emergency:
First and foremost, it is essential to understand the constitutional basis for declaring a state of emergency in Nigeria. According to the Nigerian Constitution, the power to declare a state of emergency lies with the President, with the approval of the National Assembly. This power is granted under Section 305 of the Constitution, which states that a state of emergency can be declared in the event of a threat to the nation’s security, peace, and unity, or in cases of natural disasters.
The Process of Declaring a State of Emergency:
The Nigerian Constitution provides a clear and defined process for declaring a state of emergency. It begins with the President notifying the National Assembly of the existence or likelihood of a crisis. The National Assembly then has the power to pass a resolution approving the declaration of a state of emergency. However, this resolution must be passed by a two-thirds majority of the members of both the Senate and the House of Representatives.
Provisions of a State of Emergency:
Once a state of emergency is declared, the President has the authority to assume full control of the affected state, including the power to make and enforce laws. The President also has the power to deploy armed forces to restore law and order if necessary. Additionally, the state governor’s powers are transferred to the President, who can appoint a sole administrator or governing council to oversee the state’s affairs.
Duration of a State of Emergency:
The Nigerian Constitution also provides provisions for the duration of a state of emergency. According to Section 305, a state of emergency can only last for a maximum of six months. However, this can be extended with the approval of the National Assembly for another six months, making the total duration not more than twelve months.
Conclusion:
In conclusion, the Nigerian Constitution has comprehensive and well-defined processes and provisions for declaring a state of emergency. These are in place to effectively handle situations where there is an unresolved crisis that poses a threat to the nation’s security, peace, and unity. As we have seen, the power to declare a state of emergency rests with the President, with the approval of the National Assembly. It is crucial for all stakeholders to understand and adhere to these constitutional processes to ensure effective management of crises and safeguard the well-being of the citizens. Let us all play our part in ensuring that Nigeria remains a peaceful and stable nation.
– Benjamin Ibrahim, a retired Permanent Secretary, writes from Lokoja.
