Life Under Extraordinary Rule: What Happens During a State of Emergency in Nigeria?

​For Nigerians, the phrase “State of Emergency” often evokes images of heightened security, curfews, and a temporary shift in the normal rhythm of life. It’s a drastic measure, an ultimate tool in the government’s arsenal, reserved only for moments of severe crisis.

​But what does this constitutional declaration truly mean for the average Nigerian citizen? Beyond the headlines, what precisely happens when the President invokes the powers under Section 305 of the 1999 Constitution? This post breaks down the legal framework, the extraordinary powers granted, the impact on your fundamental rights, and the essential democratic safeguards built to keep things in check.

​The Legal Trigger: When is an Emergency Declared?

​A State of Emergency is not a casual decree; it is a solemn declaration that the nation, or a specific part of it, is facing an existential threat that ordinary governance cannot handle. The President can only issue a proclamation of a State of Emergency when one of the following critical situations arises:

1. ​War or Imminent Danger: The Federation is at war, or in imminent danger of invasion or involvement in a state of war.
2. ​Breakdown of Public Order: There is an actual or clear and present danger of the breakdown of public order and safety to an extent that requires extraordinary measures to restore peace and security. This is often the most cited reason in cases of insurgency, widespread civil unrest, or widespread criminal activities.
3. ​Disaster or Natural Calamity: There is an occurrence or imminent danger of a disaster or natural calamity (like severe, widespread flooding or a major epidemic) affecting the community.
4. ​Threat to Existence: There is any other public danger which clearly constitutes a threat to the existence of the Federation.
5. ​Governor’s Request: The Governor of a state, with the approval of a two-thirds majority of the State House of Assembly, requests the President to issue a proclamation for their state.

​The Procedure: For the proclamation to be valid, it must be published in the Official Gazette of the Government of the Federation. Crucially, the President must immediately transmit copies of the proclamation, with all the details, to the President of the Senate and the Speaker of the House of Representatives.

​ The Shift in Power: What Changes Immediately?

​The moment a State of Emergency is legally declared, the Executive arm of the Federal Government, led by the President, gains extraordinary, sweeping powers. The core principle is that the Federal Government must be empowered to act decisively and without the usual bureaucratic and legislative delays to restore order.

​1. Enhanced Executive Authority

​The President is empowered to immediately make any regulations deemed necessary to secure public order, public safety, and to provide, maintain, and secure essential supplies and services for the life of the community.

​2. Deployment and Use of Security Forces

​One of the most visible changes is the increased power to deploy the military (the armed forces) for internal security operations. While the police and civil defence remain active, the military often takes the lead role in restoring peace, setting up checkpoints, and enforcing new regulations.

​3. Restrictions on Movement and Assembly

​This is often where the ordinary Nigerian feels the most immediate impact. The government, through the security agencies, can impose:

• ​Curfews: Strict time limitations on public movement, often requiring all citizens to be indoors.
• ​Travel Restrictions: Restricting or preventing the movement of persons and goods into or out of the affected areas.
• ​Bans on Public Gatherings: The right to peaceful assembly and association may be temporarily suspended or severely limited to prevent the escalation of violence or unrest.

​4. Temporary Suspension of Certain Rights

​Perhaps the most sensitive aspect of an emergency rule is the derogation from fundamental human rights, as contained in Chapter IV of the Constitution. While the Constitution safeguards rights to life, dignity, personal liberty, and more, a State of Emergency allows for their temporary limitation, but only to the extent necessary to deal with the emergency.

​The rights most commonly restricted include:

• ​Right to Personal Liberty: Security forces may detain persons of interest for longer periods without trial than is ordinarily allowed.
• ​Freedom of Movement: As noted above, this is heavily curtailed by curfews and checkpoints.
• ​Freedom of Expression and the Press: There may be restrictions on broadcasting or publication of information deemed to incite violence or compromise security operations.
• ​Right to Property: The government may temporarily seize or control private property for essential public use (e.g., converting a building into an emergency medical facility) but must provide prompt compensation after the emergency ends.

​It is crucial to note that the Constitution strictly forbids the derogation of a citizen’s:

• ​Right to Life (except in execution of a court sentence).
• ​Right to Dignity of the Human Person (prohibiting torture and inhuman treatment).
• ​Prohibition of Slavery and Forced Labour.
• ​Freedom from Discriminatory Treatment.

​ The Checks and Balances: Preventing Abuse of Power

​The framers of the Nigerian Constitution recognised the immense danger of giving the executive unchecked power. Therefore, powerful democratic safeguards are put in place to ensure the emergency power is used judiciously and temporarily.

​1. Legislative Oversight: The National Assembly’s Veto

​The proclamation is not valid indefinitely. It only remains in force for six months.

• ​Within two days of receiving the proclamation (or ten days if the National Assembly is not in session), the Senate and the House of Representatives must convene to consider the matter.
• ​The State of Emergency can only continue if it is approved by a resolution supported by a two-thirds majority of both the Senate and the House of Representatives.
• ​If the National Assembly disapproves or simply does not pass the resolution within the required time, the proclamation ceases to have effect.

​This ensures that the decision to put the country, or a part of it, on emergency footing is a collective, democratic one, not a purely presidential fiat.

2. Judicial Review

​While the courts tend to be cautious in interfering with emergency declarations, they retain the power of Judicial Review. This means any action taken by the executive during the emergency that is deemed to be outside the scope of the constitution or the proclamation (e.g., unconstitutionally suspending a State Governor or dissolving a State House of Assembly) can be challenged and nullified in court. The powers are extraordinary, but they are not absolute or above the Constitution.

​ The Nigerian Perspective: Historical Context and Expectations

​Declarations of emergency in Nigeria have a long history, dating back to the 1962 Western Region crisis. More recently, declarations have been made in states battling severe security challenges, such as the insurgency in the North-East.

​For the Nigerian citizen, the State of Emergency is a time of heightened anxiety and resilience. While it promises a swift return to order, it comes at the cost of personal freedoms and an increased presence of military personnel.

• ​Expectation: The public expects a targeted and effective response that solves the crisis, not a prolonged period of military-style rule.
• ​Reality: The reality is a difficult balancing act: the government must be firm enough to deal with the threat but restrained enough to respect the dignity and basic rights of law-abiding citizens.

​A State of Emergency in Nigeria is a constitutional response to an existential crisis. It swaps some civil liberties for the immediate need for security and stability, but it is fundamentally democratic, with the National Assembly holding the final say. For it to be successful, it must be short-lived, focused, and backed by the collective will of the nation’s democratic institutions to ensure that the extraordinary measures do not become the new normal.