Daily Law Tips (Tip 570) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
*HOW TO LEGALLY DECLARE STATE OF EMERGENCY OVER COVID-19
IN NIGERIA OR ANY STATE.*
There is great difference between lockdown and state of
emergency in Nigeria. Lockdown can arguably by triggered by a state
Governor over his state or part of his state and the President of
Nigeria can trigger a lockdown across Nigeria or in a part of
Nigeria, by relying on the Quarantine Act, 1926 or any related
public health law, among others. In the contrary, a state Governor
cannot declare as a state of emergency in any state or part of any
state. Rather the President of Nigeria can declare a state of
emergency in the whole or part of Nigeria, although with approval
of the National Assembly.
By the constitution of Nigeria, periods of state of emergency
are periods where there is in force a Proclamation of State of
Emergency that has been declared by the President of Nigeria for
the whole of Nigeria or any part of Nigeria. Such declaration of
the President may be through an instrument published on the
Official Gazette of the Government of the Federation. The Official
Gazette of the Government of the Federation containing such
proclamation must be immediately transmitted to the Senate
President and the Speaker of the House of Representatives, for them
to convene meeting of parliament to pass a resolution approving or
refusing the proclamation of the President.
There are clear constitutionally approved
situations/circumstances that can trigger a state of emergency in
Nigeria. The President can only make a proclamation of a state of
emergency in any of the following situations;
1. Where the entire Nigeria is at war, in danger of being
invaded/at war;
2. Where there is actual breakdown or danger of breakdown of public
order and public safety across Nigeria or any part to the extent
that extraordinary measures are needed to restore peace and
security,
3. Where there is natural disaster or natural calamity or in danger
of such in any community in Nigeria,
4. Where there is any other public danger that may affect the
existence of Nigeria
5. Where there is a request from a Governor of a state seeking for
a state of emergency in his state.
The World Health Organisation, declared Coronavirus (COVID-19)
as a pandemic. Nigeria has recorded over 163 deaths connected to
COVID-19 and almost all states in Nigeria have recorded cases of
COVID-19. There has been lockdown in major cities in Nigeria by
federal government and in more states by state governments.
Airports across Nigeria are closed while only few businesses
operate on selected days, since the after lockdown. Obviously, the
COVID-19 is a natural disaster and calamity, which is sufficient
constitutional grounds for federal government to declare a state of
emergency across Nigeria or in any part of Nigeria. It is also
adequate constitutional basis for a state government to seek for
declaration of state of emergency from the federal government
across its state or part of its state.
A Governor with a legislative resolution supported by two-third
majority of his State’s House of Assembly can request the President
of Nigeria to declare a state of emergency for his state. The
Governor can request for such only where the state is in actual
breakdown or in danger of breakdown of public order and public
safety to the extent that extraordinary measures are needed to
restore peace and security or where there is natural disaster or
natural calamity or in danger of such in his/her community. The
President may refuse to make proclamation for a state of emergency,
where the Governor fails to make request within reasonable time.
However, even where the President makes proclamation of state of
emergency following the request of a Governor, the approval of the
National Assembly is still needed for such proclamation to continue
being in force.
As shown above, proclamation of state of emergency by the
President of Nigeria needs the approval of the National Assembly to
remain in force. From the day a Presidential Proclamation for state
if emergency is made by the President of Nigeria, within two (2)
days where National Assembly is in session or within ten (10) days
where the National Assembly is not in session, if there is no
approving resolution supported by two-third majority of each house
of the National Assembly, such Proclamation will automatically
terminate and fail. Where a presidential proclamation for state of
emergency is approved by the National Assembly, such proclamation
will expire after six (6) months but may be extended by the
National Assembly for another six (6) months before expiration of
the initial proclamation. Generally, where the National Assembly
approves a state of emergency, it can revoke/terminate such through
a resolution supported by simple majority of all members of each
house of the National Assembly. Presidential proclamation for state
of emergency can be terminated by the President through an
instrument published in the Official Gazette of the Government of
the Federation.
For love of human rights, it must be stated that all human
rights may be restricted during state of emergency, except; the
Right to Personal Liberty, Right to Freedom from Discrimination and
under the Right to Fair Hearing is the Right not to held guilty of
a non-existing offence or to be imposed heavier penalties contrary
to law. These three fundamental human rights are expressly exempted
or omitted from the restrictions on human rights, in the
constitution of Nigeria.
Conclusively, while the President of Nigeria can declare state
of emergency for Nigeria or part of Nigeria, same is subject to the
approval of the National Assembly. A governor can request the
President to proclaim a state of emergency for his state with
approval of his state House of Assembly. Also, this proclamation
needs the approval of the National Assembly to remain valid. The
needed approval of the National Assembly must be obtained within 2
days when the legislature in session and 10 days when it is not in
session (may be on vacation). It is advised that if for any reason,
government decides to declare state of emergency, it must do such
constitutionally and with deep respect for human rights.
The writer is not unaware of COVID-19 pandemic and governments
interventions to end it. The security and welfare of the good
people of Nigeria are the primary purpose of government, however
government must be lawful and law abiding in achieving such
purpose. It is advised that constitutional procedures and statutory
processes should be engaged at all times to avoid causing more
problems in attempting to solve one. We must conquer COVID-19
without violating fundamental human rights of Nigerians. Stay at
Home and Stay Healthy.
My authorities are:
1. Sections 1, 4(3), 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 305, of the Constitution of the Federal Republic of
Nigeria, 1999.
2. Item 54 of the Exclusive Legislative List, Second Schedule, Part
1 of the Constitution of the Federal Republic of Nigeria, 1999.
3. Sections 1, 2, 3, 4, 6 and 8 of the Quarantine Act of 1926.
4. Provisions of the COVID-19 Regulations 2020.
5. The Supreme Court decisions in the case of ADEGBENRO v. AG OF
THE FEDERATION & ORS (1962) LPELR-25118(SC)
6. The Supreme Court decision in the case of WILLIAMS v.
MAJEKODUNMI (No.2)(1962) LPELR-25044(SC)
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via info@LearnNigerianLaws.com or
onyekachi.umah@gmail.com or +2348037665878. To receive our free
Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws,
Instagram:
@LearnNigerianLaws and Twitter: @LearnNigeriaLaw
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to Onyekachi
Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of
copyright and will be prosecuted.
This publication is the writer’s view not a legal advice and
does not create any form of relationship. You may reach the writer
for more information.
Powered by www.LearnNigerianLaws.com {A Free Law Awareness
Program of Sabi Law Foundation, supported by the law firm of
Bezaleel Chambers International (BCI).}
Daily Law Tips (Tip 570) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
*HOW TO LEGALLY DECLARE STATE OF EMERGENCY OVER COVID-19
IN NIGERIA OR ANY STATE.*
There is great difference between lockdown and state of
emergency in Nigeria. Lockdown can arguably by triggered by a state
Governor over his state or part of his state and the President of
Nigeria can trigger a lockdown across Nigeria or in a part of
Nigeria, by relying on the Quarantine Act, 1926 or any related
public health law, among others. In the contrary, a state Governor
cannot declare as a state of emergency in any state or part of any
state. Rather the President of Nigeria can declare a state of
emergency in the whole or part of Nigeria, although with approval
of the National Assembly.
By the constitution of Nigeria, periods of state of emergency
are periods where there is in force a Proclamation of State of
Emergency that has been declared by the President of Nigeria for
the whole of Nigeria or any part of Nigeria. Such declaration of
the President may be through an instrument published on the
Official Gazette of the Government of the Federation. The Official
Gazette of the Government of the Federation containing such
proclamation must be immediately transmitted to the Senate
President and the Speaker of the House of Representatives, for them
to convene meeting of parliament to pass a resolution approving or
refusing the proclamation of the President.
There are clear constitutionally approved
situations/circumstances that can trigger a state of emergency in
Nigeria. The President can only make a proclamation of a state of
emergency in any of the following situations;
1. Where the entire Nigeria is at war, in danger of being
invaded/at war;
2. Where there is actual breakdown or danger of breakdown of public
order and public safety across Nigeria or any part to the extent
that extraordinary measures are needed to restore peace and
security,
3. Where there is natural disaster or natural calamity or in danger
of such in any community in Nigeria,
4. Where there is any other public danger that may affect the
existence of Nigeria
5. Where there is a request from a Governor of a state seeking for
a state of emergency in his state.
The World Health Organisation, declared Coronavirus (COVID-19)
as a pandemic. Nigeria has recorded over 163 deaths connected to
COVID-19 and almost all states in Nigeria have recorded cases of
COVID-19. There has been lockdown in major cities in Nigeria by
federal government and in more states by state governments.
Airports across Nigeria are closed while only few businesses
operate on selected days, since the after lockdown. Obviously, the
COVID-19 is a natural disaster and calamity, which is sufficient
constitutional grounds for federal government to declare a state of
emergency across Nigeria or in any part of Nigeria. It is also
adequate constitutional basis for a state government to seek for
declaration of state of emergency from the federal government
across its state or part of its state.
A Governor with a legislative resolution supported by two-third
majority of his State’s House of Assembly can request the President
of Nigeria to declare a state of emergency for his state. The
Governor can request for such only where the state is in actual
breakdown or in danger of breakdown of public order and public
safety to the extent that extraordinary measures are needed to
restore peace and security or where there is natural disaster or
natural calamity or in danger of such in his/her community. The
President may refuse to make proclamation for a state of emergency,
where the Governor fails to make request within reasonable time.
However, even where the President makes proclamation of state of
emergency following the request of a Governor, the approval of the
National Assembly is still needed for such proclamation to continue
being in force.
As shown above, proclamation of state of emergency by the
President of Nigeria needs the approval of the National Assembly to
remain in force. From the day a Presidential Proclamation for state
if emergency is made by the President of Nigeria, within two (2)
days where National Assembly is in session or within ten (10) days
where the National Assembly is not in session, if there is no
approving resolution supported by two-third majority of each house
of the National Assembly, such Proclamation will automatically
terminate and fail. Where a presidential proclamation for state of
emergency is approved by the National Assembly, such proclamation
will expire after six (6) months but may be extended by the
National Assembly for another six (6) months before expiration of
the initial proclamation. Generally, where the National Assembly
approves a state of emergency, it can revoke/terminate such through
a resolution supported by simple majority of all members of each
house of the National Assembly. Presidential proclamation for state
of emergency can be terminated by the President through an
instrument published in the Official Gazette of the Government of
the Federation.
For love of human rights, it must be stated that all human
rights may be restricted during state of emergency, except; the
Right to Personal Liberty, Right to Freedom from Discrimination and
under the Right to Fair Hearing is the Right not to held guilty of
a non-existing offence or to be imposed heavier penalties contrary
to law. These three fundamental human rights are expressly exempted
or omitted from the restrictions on human rights, in the
constitution of Nigeria.
Conclusively, while the President of Nigeria can declare state
of emergency for Nigeria or part of Nigeria, same is subject to the
approval of the National Assembly. A governor can request the
President to proclaim a state of emergency for his state with
approval of his state House of Assembly. Also, this proclamation
needs the approval of the National Assembly to remain valid. The
needed approval of the National Assembly must be obtained within 2
days when the legislature in session and 10 days when it is not in
session (may be on vacation). It is advised that if for any reason,
government decides to declare state of emergency, it must do such
constitutionally and with deep respect for human rights.
The writer is not unaware of COVID-19 pandemic and governments
interventions to end it. The security and welfare of the good
people of Nigeria are the primary purpose of government, however
government must be lawful and law abiding in achieving such
purpose. It is advised that constitutional procedures and statutory
processes should be engaged at all times to avoid causing more
problems in attempting to solve one. We must conquer COVID-19
without violating fundamental human rights of Nigerians. Stay at
Home and Stay Healthy.
My authorities are:
1. Sections 1, 4(3), 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 305, of the Constitution of the Federal Republic of
Nigeria, 1999.
2. Item 54 of the Exclusive Legislative List, Second Schedule, Part
1 of the Constitution of the Federal Republic of Nigeria, 1999.
3. Sections 1, 2, 3, 4, 6 and 8 of the Quarantine Act of 1926.
4. Provisions of the COVID-19 Regulations 2020.
5. The Supreme Court decisions in the case of ADEGBENRO v. AG OF
THE FEDERATION & ORS (1962) LPELR-25118(SC)
6. The Supreme Court decision in the case of WILLIAMS v.
MAJEKODUNMI (No.2)(1962) LPELR-25044(SC)
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via info@LearnNigerianLaws.com or
onyekachi.umah@gmail.com or +2348037665878. To receive our free
Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws,
Instagram:
@LearnNigerianLaws and Twitter: @LearnNigeriaLaw
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to Onyekachi
Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of
copyright and will be prosecuted.
This publication is the writer’s view not a legal advice and
does not create any form of relationship. You may reach the writer
for more information.
Powered by www.LearnNigerianLaws.com {A Free Law Awareness
Program of Sabi Law Foundation, supported by the law firm of
Bezaleel Chambers International (BCI).}