(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.
(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.
(3) The President shall have power to
issue a Proclamation of a state of emergency only when
-
(a)
the Federation is at war;
(b) the Federation is in imminent
danger of invasion or involvement in a state of war;
(c) there is actual breakdown of public
order and public safety in the Federation or any part
thereof to such extent as to require extraordinary
measures to restore peace and security;
(d) there is a clear and present danger
of an actual breakdown of public order and public
safety in the Federation or any part thereof requiring
extraordinary measures to avert such danger;
(e) there is an occurrence or imminent
danger, or the occurrence of any disaster or natural
calamity, affecting the community or a section of
the community in the Federation;
(f) there is any other public danger
which clearly constitutes a threat to the existence
of the Federation; or
(g) the President receives a request
to do so in accordance with the provisions of subsection
(4) of this section.
(4)
The Governor of a State may, with the sanction of a
resolution supported by two-thirds majority of the House
of Assembly, request the President to issue a Proclamation
of a state of emergency in the State when there is in
existence within the State any of the situations specified
in subsection (3) (c), (d) and (e) of this section and
such situation does not extend beyond the boundaries
of the State.
(5)
The President shall not issue a Proclamation of a state
of emergency in any case to which the provisions of
subsection (4) of this section apply unless the Governor
of the State fails within a reasonable time to make
a request to the President to issue such Proclamation.
(6)
A Proclamation issued by the President under this section
shall cease to have effect -
(a)
if it is revoked by the President by instrument published
in the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or
any part thereof and within two days when the National
Assembly is in session, or within ten days when the
National Assembly is not in session, after its publication,
there is no resolution supported by two-thirds majority
of all the members of each House of the National Assembly
approving the Proclamation;
(c) after a period of six months has
elapsed since it has been in force:
Provided that the National Assembly
may, before the expiration of the period of six months
aforesaid, extend the period for the Proclamation
of the state of emergency to remain in force from
time to time for a further period of six months by
resolution passed in like manner; or
(d) at any time after the approval
referred to in paragraph (b) or the extension referred
to in paragraph (c) of this subsection, when each
House of the National Assembly revokes the Proclamation
by a simple majority of all the members of each House.
