Nigeria’s security landscape demands swift and decisive action, yet Section 305 of the Constitution remains ambiguous, creating legal uncertainties in emergency situations. While it grants the President the power to declare a state of emergency, the process is heavily dependent on National Assembly approval, even in urgent cases where waiting could lead to governance collapse. Additionally, the Constitution is silent on the suspension of Governors during emergency rule, further complicating crisis response.
Addressing the Ambiguity in Section 305
Beyond strengthening emergency response, Section 305 needs clearer definitions to prevent governance paralysis and legal disputes. A well-structured amendment should:
1. Define the President’s Authority in Emergencies
The President should be empowered to declare an emergency in extreme security situations, but only with confirmation from the National Security Adviser (NSA) or a designated security body.
In cases where the National Assembly is on recess, the President should be allowed to act immediately, with a requirement for retroactive approval within a set timeframe (e.g., 7–14 days).
2. Clarify the Role of the National Assembly
While legislative oversight is necessary, the Constitution should mandate a strict timeframe for the National Assembly to approve or reject an emergency declaration, ensuring timely action without bureaucratic delays.
3. Clarify the Status of Governors and Democratic Structures
The Constitution should explicitly state whether a Governor remains in power during emergency rule or if temporary federal oversight is required.
If a Governor is to be suspended, the amendment must establish clear conditions, duration, and due process to prevent political misuse.
4. Prevent Abuse of Emergency Powers
Safeguards must be in place to prevent political exploitation, such as requiring an independent security assessment before an emergency is declared and limiting the duration of emergency rule.
Conclusion
A well-defined amendment to Section 305 would strike a balance between executive authority, legislative oversight, and democratic stability. It would enable swift, lawful responses to crises while ensuring that emergency powers are not misused. Without these reforms, Nigeria risks continued legal uncertainties and governance paralysis in times of crises.
Dr. G. Fraser. MFR
The National Patriots.
