EXAMINING THE DECLARATION OF STATE OF EMERGENCY PROVISIONS IN THE 1999 NIGERIAN CONSTITUTION FOR DEMOCRATIC GOVERNANCE

Abstract

The declaration of a state of emergency is a significant constitutional act that temporarily alters governance structures to restore order in times of crisis. In Nigeria, this power is enshrined particularly in Section 305 of the 1999 Constitution allowing the President to intervene when there is a breakdown of public order or security. The recent political and security crisis in Rivers State has sparked debates on the legality, necessity, and implications of the emergency declaration made pursuant to the above section. This article examines the constitutional framework for declaring a state of emergency, historical precedents in Nigeria, and the purported circumstances in Rivers State that has warranted such action. It further explores the potential political consequences, including the balance between executive authority and democratic governance. It identifies that there may be periods of national emergency which threaten the very existence of a state that may warrant extraordinary measures but assert, that this does not translate to the dismantling of democratic structures in order to effectively deal with such situation. It finds further that as a strategic tool, the emergency provision within the constitution is faced with challenges which includes: ambiguous scope, inadequate legislative oversight, executive overreach, lack of judicial review, lack of state-level emergency power and little or no state power over public order and operational use of security apparatus. The research concludes that while the declaration of a state of emergency is a constitutional tool, it must be exercised with caution to prevent abuse and ensure the protection of democratic practices and institutions.