by Olaitan Babatunde
When a government declares a state of emergency, the announcement can sound as though the normal rules of government have been suspended. But a state of emergency is not a declaration that the Constitution no longer applies. It is a special constitutional measure for exceptional circumstances, and the powers it creates must still be understood within the limits of the law. For citizens, the important questions are what conditions justify the declaration, who authorises it, what powers become available and what happens to the elected officials responsible for governing the affected state.
Section 305 of Nigeria’s 1999 Constitution sets out the procedure for proclaiming a state of emergency. The President may issue a proclamation in circumstances specified by the Constitution, including where the Federation is at war, where Nigeria faces imminent danger of invasion or involvement in a state of war, or where there is a breakdown of public order and public safety in the Federation or any part of it that requires extraordinary measures to restore peace and security. Other specified circumstances include an occurrence or imminent danger of a disaster or natural calamity affecting a community or group, and other situations in which the Constitution’s conditions are met. The proclamation must be published in the Official Gazette and communicated to the presiding officers of the National Assembly.
The President cannot simply declare an emergency and leave the National Assembly out of the process. Where the National Assembly is sitting, the proclamation must be approved by both chambers within two days. If it is not sitting, the Constitution provides for approval within ten days after the proclamation. Approval requires a two thirds majority of all the members of each chamber. If the necessary approval is not obtained within the relevant period, the proclamation ceases to have effect. The Constitution also provides for an emergency to end earlier or to expire under the conditions and time limits set out in Section 305. These requirements are safeguards: they place a time sensitive decision by the executive under legislative scrutiny rather than leaving it entirely to presidential discretion.
The most difficult question arises when an emergency affects an elected state government. In March 2025, President Bola Tinubu declared a state of emergency in Rivers State amid a prolonged political and governance crisis. The declaration was accompanied by the suspension of the governor, deputy governor and elected members of the State House of Assembly for an initial period of six months. The National Assembly approved the declaration, and the emergency ended on 17 September 2025. The episode raised serious constitutional questions about the relationship between emergency powers, federal intervention and the democratic mandate of elected state officials.
This distinction matters because Section 305 authorises a state of emergency under specified conditions, but the consequences for elected state institutions must also be assessed against the Constitution’s other provisions. A declaration of emergency should not automatically be understood as giving the President unlimited power to dismiss elected officials, rewrite the structure of state government or govern indefinitely without constitutional constraints. Questions about suspension, the scope of emergency regulations and the limits of federal authority require careful legal examination. Legislative approval is an important part of the emergency process, but it does not eliminate the need to consider whether particular measures comply with the Constitution.
For citizens, a state of emergency should prompt questions rather than panic. What specific circumstances justified it? What measures have been authorised? How long will they last? What role is the National Assembly playing? Are courts still able to examine disputes? Are fundamental rights being respected? What arrangements protect public services and democratic institutions during the emergency? A state of emergency is intended to address exceptional circumstances, not to create a permanent alternative to constitutional government. The Constitution provides emergency powers because crises can require extraordinary responses. It also provides procedures and limits because extraordinary powers can themselves become a source of danger if they are not properly controlled.
