The anticipated ‘State of Emergency’ has now been declared by President Goodluck Jonathan during his nationwide broadcast. The declaration which came less than 24 hours after the Nigeria Governors Forum, led by Governor Rotimi Amaechi of River State cautioned the government from doing so. The states affected are Adamawa, Borno, and Yobe all in the Northeastern part of the country.
The current declaration would make it the second time in less than two years that a state of emergency is being announced by the administration. In January this year , a state of emergency was announced on five local government areas of Borno State, two in Yobe State and one each in Plateau and Niger States. Till date, they have not been lifted, making this one just announced an extension of the former one, in which political office-holders were not removed as well, and there was a surge in military presence and activities.
The State of Emergency being declared by President came with human face as no political officer or structure in the state is suspended or removed. The Economic Confidential gathered that the major implication of the presidential order is the expected increase in the deployment of more military personnel and armaments to the already militarilsed zones due to the incessant attacks from Boko Haram fanatics.
A state of emergency is a governmental declaration which usually suspends some functions of the arms of government, mostly executive and legislative powers. The residents are therefore warned to change their behaviors as security agencies are giving more powers to implement emergency preparedness plans. A State of Emergency comes during a time of natural or man-induced disaster.In some countries, the declarations affect human rights and freedoms of movement and associations until they are suspended or lifted.
Section 305(1) of the Nigeria’s 1999 Constitution with Amendments in 2011 provides justifications for and the processes of declaring a state of emergency in any part of the country. It states that: “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 1999 Constitution (with Amendments in 2011) lays out the reason(s) for and the processes of declaring a state of emergency in the entire country or part thereof.
This is contained in Section 305 under the Miscellaneous Provisions.
Section 305(1) states that:
“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.
“(2) The President shall immediately alter 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.
“(3) The President shall have power to issue a Proclamation of a state of emergency only when – (a) the Federation is at war;(b) the Federation is in imminent danger of invasion or involvement in a state of war;(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;(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; (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;(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or (g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.
“(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.
“(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.
“(6) A Proclamation issued by the President under this section shall cease to have effect: (a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;(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; (c) after a period of six months has elapsed since it has been in force;provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period of 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 (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.
The Economic Confidential further gathered that the new measures in the three affected states are aimed at taming the rising ogre of religious extremism and outlaw behaviour by members of the Islamist Boko Haram sect and other criminal gangs operate mostly in the North. The governors and their legislators are to provide necessary for the military operations. These may include logistics, and other support services.
The country had witnessed similar States of Emergency. During the First Republic, a State of Emergency was declared following mass political revolts and violence. former President Olusegun Obasanjo also declared emergency rule in Ekiti and Plateau states were their democratically elected governors were removed. The security forces are authorized to exercise certain powers including the power to exercise any and all authority over persons and property necessary for meeting the state of emergency objective, including the taking and using of property for the protection of the commonwealth. Actions such as ordering evacuations, restricting access mass arrests, implementing curfews, are likely to be experienced.
Culled From Economic Confidential.
