The 1999 Constitution

Section 305 (1)

Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.

(The President of Nigeria can declare a State of Emergency in the Country through a publication in the Official Gazette of the Nigerian Government.)

(A State of Emergency occurs when a situation of urgent need for help and relief, brought about by a natural disaster, act of terrorism, or other crisis, especially as declared by a governor, president, mayor, or other official.)

Section 305 (2)

The President shall immediately after the publication, transmit copies of the Official -Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.

(After proclaiming a State of Emergency by publication in a Official gazette by the President of the Federation, copies of the Official gazette that contain the proclamation including the details of the emergency are to be sent to both the President of the Senate and the Speaker of the House of Representatives. Each of the Heads of the House will bring the proclamation as a meeting point before the respective Houses and after considering the situation, decide whether or not the proclamation should be approved.)

Section 305 (3)

The President shall have power to issue a Proclamation of a state of emergency only when –

(The following are situations where the President shall have the power to issue a State of Emergency proclamation; )

Section 305 (3)(a)

the Federation is at war;

(Where Nigeria as a Federation is at war; )

Section 305 (3)(b)

the Federation is in imminent danger of invasion or involvement in a state of war;

(Where Nigeria as a Federation is in fast approaching danger of invasion or is involved in a state of war; )

Section 305 (3)(c)

there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;

(In situations where there is a breakdown of public order and the safety of the public in Nigeria or any part of it that would require extraordinary methods to bring back peace and security; )

Section 305 (3)(d)

there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;

(where there is an obvious and present danger of public order and public safety breaking down in Nigeria or any part of it which would require extraordinary methods to shift/ remove that danger; )

Section 305 (3)(e)

there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;

(where there is a situation or an approaching danger or a disaster or natural crises which affects the community or a section of the community in Nigeria; )

Section 305 (3)(f)

there is any other public danger which clearly constitutes a threat to the existence of the Federation; or

(where a public danger occurs/ happens that obviously threatens the existence of Nigeria as a Federation; )

Section 305 (3)(g)

the President receives a request to do so in accordance with the provisions of subsection (4) of this section.

(where the President receives a request to proclaim a State of Emergency according to section 305 sub section 4 of this section.)

Section 305 (4)

The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3 (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.

(The Governor of a State with the backing of a resolution i.e. agreement by two-thirds majority of the House of Assembly of that State, request the President of Nigeria to issue a Proclamation of a State of Emergency in that State. For this to happen, any of the situations which have been mentioned in sub section 3 (c), (d) and (e) of this section must have occurred and such situation does not go beyond the boundaries of the State.)

Section 305 (5)

The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.

(The President shall not issue a Proclamation of a State of Emergency in a State in situations where sub section 4 of this section applies unless a reasonable period of time has passed without the Governor of a State requesting for the President to issue a Proclamation.)

Section 305 (6)

A Proclamation issued by the President under this section shall cease to have effect –

(The following are situations where a Proclamation of a State of Emergency by the President under section 305 of the 1999 Constitution shall no longer have effect; )

Section 305 (6)(a)

if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;

(If the President of Nigeria revokes the Proclamation by publication in the Official Gazette of the Government of the Nigeria; )

Section 305 (6)(b)

if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;

(If the Proclamation affects the Federation of Nigeria or any part of it and within 2 (two) days when the National Assembly is in session or 10 (ten) days when the National Assembly is not in session, there is no resolution supported by two-thirds majority of all members of each House of the National Assembly approving the Proclamation; )

(This means that based on section 305 (2), the Heads of each House of Assembly as supposed to approve of the Proclamation of the State of Emergency by the President before it can take effect. If this approval stated under section 305 (2) is not gotten, then the Proclamation of a State of Emergency cannot take effect.)

Section 305 (6)(c)

after a period of six months has elapsed since it has been in force:

(If six months has passed since the State of Emergency has been in force then it no longer takes effect; )

Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or

(This is however based on the condition that the National Assembly may decide to extend the period for the Proclamation of a State of Emergency before the expiration of the six months timeline given. For the National Assembly to extend the period of the Proclamation, it must be done by resolution in the manner which has been stated in section 305 (2) of the 1999 Constitution; )

Section 305 (6)(d)

at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.

(If after approval which has been given based on sub section (6)(d) of section 305 or it has been extended based on sub section (6)(c) of section 305 of the 1999 Constitution, then each House of the National Assembly can by a simple majority of all members of each House, revoke the Proclamation.)