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Here is the constitution that empower the president to declare a state of emergency

Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), deals with the Proclamation of a State of Emergency.

Here is the content of Section 305:

Section 305: Proclamation of a State of Emergency

1. Power to proclaim a state of emergency: The President may, by Proclamation, make a declaration of a state of emergency if:

(a) The Federation is at war or the Federation is in imminent danger of war;

(b) There is an actual breakdown of public order or public safety in the Federation or in any part thereof to such an extent that the Government of the Federation cannot effectively control the situation;

(c) There is a violation of the Constitution, such as in cases of rebellion or insurrection;

(d) The President believes that national security or the safety of the nation is under immediate threat.

2. Proclamation of emergency: The proclamation must be presented to the National Assembly within two days of the declaration. If the National Assembly is not sitting, the President is required to summon the National Assembly to meet within 14 days to consider the proclamation.

3. Duration and extension of state of emergency:

A state of emergency declared by the President cannot last more than six months, except with the approval of the National Assembly, which can approve an extension of the state of emergency for another six months.

The National Assembly may approve or reject the extension based on the situation.

4. Effect of the declaration: During a state of emergency, the President has the power to take extraordinary measures to restore public order and safety, including the suspension of certain rights or the imposition of restrictions deemed necessary.

In essence, Section 305 grants the President the authority to declare a state of emergency in situations of national crisis, while also providing a framework for the National Assembly’s approval and oversight of such a declaration.

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