Abstract
Emergency rule is a common phenomenon in the legal orders and constitutions of nations across the global. The exercise of a state of emergency has to be in line or in strict compliance with the constitution, which spells out how it can be exercised by the President. Apart from the constitutions, international Law, particularly the Bill of Rights of 1966, also makes provisions for the exercise of state of emergency. A state of emergency is usually proclaimed by the President of a country in an event where there is a total breakdown of peace, law and order in that country or any part thereof, with the view to restoring the said peace, law and order, and good governance, however, with strict compliance with the constitutional provisions. Unfortunately, in Nigeria, there are incidents of proclamations of state of emergency by the successive Presidents of the Federal Republic of Nigeria, without compliance with the constitutions, from the first to the fourth republics. The present Nigeria constitution of 1999, as amended, under its section 305 provides for emergency powers of the President and grounds upon which they can be exercised, however, it’s on record that the Presidents, particularly of the fourth Republic had at different occasions been involved in gross violations of human rights, during emergency declaration by derogating from the provisions of section 305 and placing his personal interest and whims and caprices over and above his official responsibility and the constitution he has sworn to abide by and protect, a situation that elicited several criticisms, views, reactions and worries by persons and concerned citizens of Nigeria, which we seek to address in this paper. In the course of this research, it was found that the exercise of a state of emergency is the discretionary power of the President, and that such power is only for the restoration of peace, law and order and does not include the removal of the Governor or any of the members of the parliament in the affected state. It was also found that the courts do not have the powers within this context, to review the proclamation made by the President. Upon conclusion, some recommendations were made.
Keywords: State of Emergency, Constitution and section 305, Rule of Law and Abuse of Rights, Parliaments, President, Governor.