APPRAISAL OF THE PROCLAMATION OF STATE OF EMERGENCY IN NIGERIA: LEGAL AND CONSTITUTIONAL ISSUES

Abstract

This article is an appraisal of the proclamation of state of emergency in Nigeria since independence in 1960. It observed that Nigeria had the first proclamation of state of emergency in the Western Region in 1962 and since the return to Presidential democracy in 1999 we have had proclamation of state of emergency in Plateau State in 2004; in Ekiti State in 2006; in Borno State, Yobe State and Adamawa State in 2013; and in Rivers State in 2025. It argued that the Federal Republic of Nigeria Constitution 1999 (as amended) clearly provides the conditions and procedures for the proclamation of state of emergency. It aims to bring to fore lacunae in the constitution in relation to the proclamation of state of emergency. The doctrinal research methodology was adopted to appraise the proclamation of state of emergency in Nigeria since Independence in 1960. It found that there is no contestation as to the power of the President to declare state of emergency in the Federation or any State thereon but there are laid down conditions and procedures to be followed in the exercise of such powers. It further found that there are no constitutional provisions that empower the President to suspend or remove democratic institutions in Nigeria and appointment of Administrator. It therefore, recommends that the President in the exercise of his constitutional power to declare state of emergency should adhere strictly to the constitutional provisions. The procedures should be clear on the status of the Governor, Deputy Governor and House of Assembly members when state of emergency is declared. Also, the National Assembly in granting of approval to the Government Gazette of the Government of the Federation (legislative oversight) should not deviate from the constitutional provisions and the Judiciary should have the courage to declare null and void any proclamation of state of emergency that is inconsistent with the provisions of the constitution.