Proposed Constitutional Amendment to Section 305: Strengthening Nigeria’s Emergency Response Mechanism.
By Dr. G. Fraser. MFR. Founder, The National Patriots.
Nigeria’s security challenges continue to evolve, requiring swift and decisive action from the government. Section 305 of the 1999 Constitution provides the legal framework for the declaration of a state of emergency, but its current provisions present critical gaps that hinder effective response in urgent situations. This report examines the need for a constitutional amendment to grant the President limited emergency powers when national security is severely threatened, while also addressing the legal ambiguity surrounding the suspension of a Governor during emergency rule.
Gaps in Section 305 and the Need for Amendment
Under Section 305, the President can only declare a state of emergency after securing approval from the National Assembly. However, in cases of severe security deterioration, waiting for legislative approval—especially if the National Assembly is on recess—could lead to a total breakdown of law and order. The current constitutional silence on whether the President can act immediately in such situations raises serious concerns about the effectiveness of emergency governance.
To address this, an amendment should:
1. Grant the President emergency powers in critical security situations, but only when confirmed by the National Security Adviser (NSA) or a designated security body. This ensures that emergency declarations are based on objective security assessments rather than political considerations.
2. Allow the President to act immediately if the National Assembly is on recess, while still requiring retroactive approval within a specified timeframe (e.g., 7–14 days) once the legislature reconvenes. This prevents bureaucratic delays in urgent situations while maintaining democratic checks and balances.
The Legal Question of Suspending a Governor During Emergency Rule
Another area of concern is the ambiguity surrounding the status of a Governor when emergency rule is declared in a state. The Constitution does not explicitly grant the President the power to suspend an elected Governor during an emergency, yet past declarations have seen administrators appointed to oversee affected states without clear constitutional backing.
To ensure legal clarity and prevent political manipulation, a constitutional amendment should:
1. Define the status of a Governor under emergency rule, specifying whether they retain executive authority or must operate under federal oversight.
2. Establish a clear process for suspending a Governor, if necessary, detailing the grounds, duration, and conditions under which a Governor may be temporarily removed to restore order.
3. Ensure checks against abuse, such as requiring approval from the National Security Council and setting a strict timeline for normal governance to resume.
Conclusion
A well-structured amendment to Section 305 would provide the President with the necessary authority to act decisively in life-threatening security crises while maintaining accountability. It would also prevent legal uncertainties regarding the role of state Governors during emergency rule. Without such amendments, Nigeria risks continued governance paralysis in times of crisis, undermining national security and stability.
Dr. G. Fraser. MFR
Founder, The National Patriots.
