Abstract

Every modern constitution the world over permits the President of the country to resort to extra-ordinary means to bring emergency situations under control within the shortest time possible. The Constitution of the Federal Republic of Nigeria, 1999 (as amended) is not an exception. However, the scope of the powers of the President during such period in Nigeria has generated a lot of controversies, arising from suspension of elected State Governors, their Deputies, State Houses of Assembly, etc., all in the name of State of Emergency. This work has therefore critically examined the declaration of state of emergency under the Constitution and other relevant laws, with a view to determining the source, scope and adequacy or otherwise of the powers exercisable by the President in emergency situations. A doctrinal research methodology was adopted for this research. In the course of this study, the researcher observed that the statutory provisions for declaration of state of emergency are inadequate and that contrary to the popular belief, there is presently no statutory provision prescribing the power exercisable by the President during a state of emergency in Nigeria. These findings and more necessitated the recommendations for the amendment of the relevant provisions of the Nigerian Constitution and enactment of some laws regarding State of emergency. The work concluded that if the recommendations are accepted and implemented, this will, to the large extent, resolve the controversies surrounding the President’s powers during state of emergency in Nigeria.