The declaration of state of emergency in Nigeria is always predicated on conflict situation in the states where it has been declared. com/articles/nvs/state-of-emergency-declared-in-ekiti-state-olurin-sworn-in. 3. ... called on the President Buhari to “consider and implement the recommendations of the Senate ad-Hoc Committee on Nigeria’s Security Challenges dated March, 17, 2020 and Senate Resolutions therefrom, as a holistic response to the mounting security challenges … At Paperap.com you will find a wide variety of top-notch essay and term paper samples on any possible topics absolutely for free. The Monarch, Privy Council or the Prime Minister can make Emergency Regulations under the Civil Contingencies Act 2004 if there is a serious threat to human welfare, the environment or in case of war or terrorism. The lessons learnt from there from could be helpful to Nigeria in her strive for democratic stability. United Nations Rule of Law Activities Threaten National Sovereignty. The United Nations Website (2006), The Universal Declaration of Human Rights, http://www. One mandates that the President (with regard to the declaration of a state of emergency) or the Minister of Health (with regard to the declaration of a particular location as an infected area) issue a public notice via the Official Gazette. 590. Required fields are marked *. President Abraham Lincoln used his emergency powers to suspend the writ of habeas corpus in Maryland during the American Civil War. Provided that the termination of a period of emergency shall not affect the operation of such provision of law during the period, the validity of any action taken there under during that period, any penalty or punishment incurred in respect of any contravention thereof or failure to comply therewith during that period or any proceeding or remedy in respect of any such penalty or punishment”. And that after arguing the said motion the plaintiff shall return without delay by the normal route to the prescribe area unless the Court shall otherwise direct. ‘Human Rights’ therefore means the freedoms, immunities and benefits that according to modern values, all human beings should be able to claim as a matter of right in the society in which they live. Simi (Video), Burna Boy’s ‘Twice as tall’ nominated for 2021 BRIT awards, Oil Money Fiasco 1 & 2 (Sylvester Madu, Kelvin Books), Tiwa Savage Ft. Duncan Mighty – Lova Lova (Video). www. On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Our customer support team is available Monday-Friday 9am-5pm EST. (2) The President shall immediately after the publication, transmit copies of the Official ¬Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation. 00 a. m. n the 4th June, 1962, and travelling thence by the normal route to the Federal Supreme Court, Lagos, and there arguing the motion filed by him and set down for hearing on that day. Section 65 of the 1960 Constitution stated: 65. Nigerian President Goodluck Jonathan has declared a state of emergency in three states after a series of deadly attacks by Islamist militant groups. Thus a state of emergency was declared to prevent the situation from descending into chaos and Brigadier-General Adetunji I. I Olurin (rtd) was appointed. In some situations, martial law is also declined allowing the military greater authority to act. State of Emergency: Legal and Political Implications in Nigeria. In its General Comment 2936 – on the subject of a state of emergency – containing authoritative interpretation of the components of Article 4 (a counterpart provision of Section 45 of Nigerian Constitution), the United Nations Committee on the International Covenant on Civil and Political Rights (ICCPR) laid down a number of requirements and procedures stipulating how valid derogations … Put in another way, the fact of the classification of law as obsolete, temporary, under revision, restricted or personal and by reason therefore, its non-inclusion in the current Law of the Federation of Nigeria (LFN) of 1990, does not amount to the repeal of that law. What constituted a state of emergency was subjective and the power to declare a state of emergency might therefore be abused. They include: the right to life, personal liberty, freedom of movement, freedom of religion, freedom of expression and the press, right to fair hearing, and the right to peaceful assembly. As a matter of fact, the House a day before the proclamation elected new officers and took a number of other decisions in a peaceful atmosphere. 1962] 1 All NLR 413 or (No. Thus, the warrant for the suspension of the House cannot be section 11(4) of the Constitution. The first state of emergency in Nigeria was declared in 1962 and the then Minister of Health, Dr. M. A Majekodunmi was appointed to take over the helms of affairs in Western Region of Nigeria while also suspending the Western House of Assembly. - Femi Falana has called on Nigeria's leader to declare a State of Emergency in Nigeria - The human rights lawyer said a few governors and the federal government responded late to the pandemic ... “In particular, the attention of the Nigerian people ought to be drawn to section 45 of the Constitution which provides that the fundamental rights of citizens to personal liberty, freedom of movement, freedom of … com/syria [ 17 ]. The Nigerian Senate on Wednesday called on President Muhammadu Buhari to declare a state of emergency on insecurity following the kidnapping of school children at the Government Science School Kagara, Niger State. of service. In 2004, a state of emergency was declared on Plateau State by former President Olusegun Obasanjo due to the severe ethno-religious crises and thus the state Governor, Joshua Chibi Dariye, his Deputy and members of the State House of Assembly ceased to hold their respective offices for an initial period of six months. But by Section 3 (2) any such laws omitted …shall have the same force and validity as if they had not been omitted in the revised edition. The door seems closed on any advocacy against the President’s decision. Such declarations usually come during a time of natural or man-made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. dawodu. Article IV, International Covenant on Civil and Political Rights, hereafter referred to as ICCPR [ 22 ]. Wikipedia. Indeed, under Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), a state of emergency may be declared in the event of natural disasters. Right to Life; b. Sorry, but copying text is forbidden on this website. [ 5 ]. this, it said, is sequel to the deteriorating security situation in the country. This sample essay is completed by Harper, a Social Sciences student. The emergency powers act continues to be law in the statute books and only remains dormant at the end of every emergency. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, right to fair hearing, right to peaceful assembly and association as seen in the instances of Syria, France and India. Section 110, CFRN 1999. Sections 33 – 44, CFRN 1999 [ 18 ]. This issue has its locus classicus in the case of Liversidge v. Anderson where the House of Lords held that in a situation of emergency, such as Britain fighting World War II, the court might not want to inquire into the reasonableness of the grounds of taking actions even when the statute clearly state that the cause must be reasonable. Here you will also find the best quotations, synonyms and word definitions to make your research paper well-formatted and your essay highly evaluated. The American Convention on Human Rights(Pacto de San José de Costa Rica), adopted in 1969 but ratified by Argenti… Section 45(3) of the Nigerian 1999 Constitution, however defines a period of emergency as “any period during which there is in force a proclamation of a state of emergency declared by the President in the exercise of the powers conferred on him under section 305 of the constitution,” and during such period, “…certain fundamental rights of citizens as enshrined under chapter IV of the constitution, may of … How about receiving a customized one? 34. htm [ 13 ]. On May 27, 1967, General Gowon declared a state of emergency over the whole country in response to the armed conflict that resulted in a civil war. CONCLUSION Just as a state of emergency is constitutional due to the unrest and instability of the state, so also some undesirable effects are incurred in the period of the state of emergency. ... “Aware that section 14 (2) (b) of the Constitution of the Federal Republic of Nigeria, as amended stipulates that the welfare and security of citizens shall be the primary responsibility of government; thus government at all levels owe the people the duty to provide … In the No 1 case decided on June 1, 1962, presided and read by Sir Lionel Brett F. J. , the issue for determination was: “Whether in this case, the defendant’s change of his decision in withdrawing plaintiff’s right to appear for himself in court is based on the needs for public order. Declaring a state of emergency is one of the executive powers of the President. This discretion is clearly that of the President and he is the sole determinant and initiator of the exercise except under circumstances provided for in Section 305 (3g), (4) and (5) where a request to such effect is initiated by the Governor of a state. The essence of the Decree was to update all the laws of the Federation applicable up to that time. This provision was much abused during dictatorships, with long-lasting states of siege giving the government a free hand to suppress opposition. (1) Every person has a right as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary - (a) for the defence of any person from unlawful violence or for the defence of property: (b) in order to effect a lawful arrest or to prevent the escape of person(s) lawfully detained; or (c) for the purpose of suppressing a riot, insurrection or mutiny. shtml Daily News & Economic Review (2008), Syria Lifts State of Emergency Laws, http://www. The Constitutionality of the Appointment of a Sole Administrator In times of emergency the constitution requires the President to take ‘extra-ordinary’ measures to return the state to a status of stability. & Madu O. In other cases, emergency is not declared and de facto measures taken or decree-law adopted by the government. www. ‘State of Emergency’ declared in Ekiti State. Declarations of emergency can also provide special federal aid such as during the Flood of 1993 along the Mississippi River or in New Orleans after Hurricane Katrina. The Federal Parliament, because of the two personalities claiming to be Premier, in exercise of its powers under the Constitution of 1960, declared a State of Emergency in Western Nigeria and approved Regulation whereby the defendant (Majekodunmi) was appointed and empowered to administer the region as Administrator for the region. The meaning of this is very clear. [ 20 ]. It advocated the constitution of an all-inclusive Government of National […] The rationale for the suspension of the House of Assembly was articulated by the President himself in the following words: Having a state of house of assembly in a position under a state of emergency is incongruous and may not allow for the expeditious actions that the Administrator will need to put the state back into a situation of peace, harmony, security for all and maintenance of law and order throughout the state. A state of emergency was last invoked in 1974 by Prime Minister Edward Heath in response to increasing industrial action. Egyptian defense attorneys and human rights groups say about 5,000 people currently remain in long-term detention without charge or trial. Only two types of transparency requirements were located. The general and popular authority for the alleged repeal by implication of the Emergency Powers Act is section 65(2) of the 1960 Independence Constitution which states that: “Any provision of law enacted in pursuant of this section shall have effect only during a period of emergency. The suspension of the Governor and his Deputy in conjunction with the appointment of an Administrator has been argued to be one of such necessary actions to be taken during a state of emergency. Egypt has been governed under emergency law almost continuously since 1967 and without interruption since Hosni Mubarak became president in October 1981 after the assassination of president Anwar Sadat. Human Rights Watch (2008), Egypt: Extending State of Emergency violates rights, http://www. News Reports (2006). 1) [1962] 2 SCNLR p. 26. [ 19 ]. It's Free! american. But with the current state of affairs in Northern Nigeria, the question remains whether there is sufficient space for human rights in the state of emergency. Pursuant to this authorization, several human rights are infringed upon with impunity. http://www. com/syria [ 11 ]. 0. More so, the constitution makes no provision for ‘suspension’ of elected officers it only provides for impeachment. (2003). A state of emergency is conceived by framers of the Constitution as a last resort in any society. [ 16 ]. [ 21 ]. In Nigeria, the Constitution recognises that some measures may need to be taken during a period when the corporate existence of the country may be threatened or may be in jeopardy. (1) Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof. In the United States of America, the President in time of crisis uses his emergency powers which allow the Federal Emergency Management Agency (FEMA) to bypass normal administrative and jurisdictional rules. It was dated the May 29 1962 and signed by Majekodunmi This assent points to the verity that the Restriction Order under The Emergency Powers (Restriction Orders) Regulation of 1962 was served to deny Williams his personal liberty, right to freedom of movement and fair hearing because he could not appear in court. org The Online Encyclopedia (2011) supra. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories. Want to add some juice to your work? Subject to the provisions of this Constitution stated conditions under which the President may declare a state of emergency. The Constitution, which has been amended several times, has always allowed for a state of emergency (literally estado de sitio, "state of siege"), to be declared if the constitution or the authorities it creates are endangered by internal unrest or foreign attack. Emergency Powers in Nigeria: Legal and Constitutional Issues. However, this brinkmanship is situated within the realm of politics. Part 2. Based on this, opinions are divided among eminent jurists, legal icons and constitutional experts on the legality or otherwise of these actions taken during the six-month emergency period. All the content of this paper is just her opinion on State of Emergency: Legal and Political Implications in Nigeria and should not be seen as the way of presenting the arguments. Perhaps the basis for this abuse lies in the fact that the guidelines for the actions taken by the President in a bid to restore normalcy are not expressly stated in the 1999 Constitution of the Federal Republic of Nigeria. Basically this essay has generally analysed the prevalent legal effects of the declaration of a state of emergency in Nigeria as well as parts of the world. Save my name, email, and website in this browser for the next time I comment. Public demonstrations, freedom of press are prohibited. Subject: Nigeria. un. Yemi Alade (Video), Johnny Drille – Halleluyah Feat. org/wiki/State_of_Emergency [ 4 ]. Cases and Materials on Constitutional Law in Nigeria. http://www. The Constitutionality of the Appointment of a Sole Administrator to rule the state 4. In all instances, such declaration means the outright suspension of the Governor, is Deputy and the State House of Assembly or Parliament by the President as seen in Western Nigeria (1962), Plateau State (2004), and Ekiti State (2006). Daily News & Economic Review (2008), Syria Lifts State of Emergency Laws, http://www. The effect of the state of emergency enables the Parliament to make desired regulations to secure public order and safety. (1) Subject to the provisions of this Constitution, the President may by instrument published in the Official -Gazette} of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof. This lacuna gives the President a free hand to do whatever he deems necessary to quell the insurgence and return the Federation or any part thereof to a position of stability. Section 305 of the 1999 Constitution does not contain, as was the case with the 1960 and 1963 Constitutions, any clause permitting the National Assembly to make ‘laws for Nigeria or any part thereof with respect o matters not included in the Legislative Lists as may appear to Parliament to be necessary or expedient for the purpose of maintaining or securing peace, order and good government during any period of emergency. Procedure for proclamation of state of emergency. Nigeria: Obasanjo proclaims state of emergency in Plateau and warns Kano. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Citizens are alerted to change their normal behaviours, or government agencies are ordered to implement emergency preparedness plans. This is called a ‘precluding’ arrest especially when a suspect is required. 4. m. wikipedia. (3)In this section, a “period of emergency” means any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution. The International Covenant on Civil and Political Rights (ICCPR) permits the state to derogate from certain rights in times of emergency. 33. In constitutional democracies, particularly those operating written constitutions, it is not permissible for creatures of statutes such as the President to act outside the four walls of the statutes that created them. By section 6(2) of the Interpretation Act Cap 192, where a law has expired, lapsed or ceased to have effect, then, it is to be treated as if it has been repealed. Ordered to implement emergency preparedness plans also declined allowing the military greater authority to act secure! Constitutionality of the people be the Supreme law ” [ 3 ] spaced,... 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