Abuse of exercise of emergency powers under civil rule in Nigeria: an overview

Abstract

The Constitution of the Federal Republic of Nigeria 1999 (as amended) makes provision for exercise of emergency powers to deal with threats to the security of the Nigerian State. In the midst of rising agitations and outright insurgency in Nigeria, will the government of the day invoke emergency powers to deal with the challenges? And if so, have the factual situations for such action arisen? The paper posits that the 1979 and 1999 Constitutions on this score are a radical departure from the provisions of their 1960 and 1963 counterparts and shows that the suspensions of elected organs of government in Plateau and Ekiti States constitute an abuse and brazen violation of the 1999 Constitution. The paper counsels the present actors to avoid the pitfalls of the past.

Keywords: Emergency Powers, Abuse, Civil Rule, Nigeria, 1999 Constitution