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B N W: Biafra Nigeria World News |
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Daily Champion ...What the constitution says THE President under Section 305 of the 1999
Constitution is vested with the power to declare a state of emergency either in
the entire federation or a part thereof. Sub-section 3 of section 305 however listed five
conditions under which the emergency could be declared � in a state of war,
imminent danger of invasion or involvement in war, breakdown of public order
and safety in the federation or part thereof to the extent that requires
extraordinary measures to restore peace or security. Others are when there is a clear and present
danger of actual breakdown of public order and safety in the federation or any
part thereof, occurence of imminent danger, or occurence of any disaster or natural
calamity, existence of any other public danger which constitute threat to the
existence of the federation or when the president receives such request in
accordance with section 305 (4), that is when the governor of a state supported
by a resolution by two-third majority of the house. Even the section 305 (5) declared that the
president shall not issue a Proclamation of a State of Emergency in any case to
which the provision 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. President Obasanjo is believed to have acted
under this provision. However it could not be confirmed whether
President Obasanjo laid the discussion of the State of Presented here under are the full text of
the constitutional requirements for the declaration of a state of emergency as
enshrined in section 305 of the constitution Part Two (Miscellaneous
Provisions). 305�(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 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 constitute 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 situation
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 provision 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. |
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