On Wednesday, President Bola Tinubu drummed it to the ears of state governors and Houses of Assembly members in the on the constitutional provision empowering the federal government to declare a state of emergency where public order and safety are under threat.
Under Section 305 of the 1999 Constitution (as amended), the President has the power to issue a proclamation of a state of emergency when there is a breakdown of law and order, natural disaster, or any situation that threatens the sovereignty, security, or economic stability of the country.
However, the constitution says such a declaration must be transmitted to the National Assembly for approval.
Tinubu, who stated in a speech on Wednesday declaring end of emergency rule in Rivers state, said the provision was an inbuilt constitutional tool designed to restore peace, order, and security in extraordinary circumstances.
“The power to declare a state of emergency is an inbuilt constitutional tool to address situations of actual or threatened breakdown of public order and public safety, which require extraordinary measures to return the state to peace, order and security,” the President said.
He acknowledged that the proclamation of state of emergency in Rivers State had not been without opposition, noting that some citizens and groups had challenged the decisions in court.
“I am not unaware that there were a few voices of dissent against the proclamation, which led to their instituting over 40 cases in the courts in Abuja, Port Harcourt, and Yenagoa, to invalidate the declaration. That is the way it should be in a democratic setting. Some cases are still pending in the courts as of today,” Tinubu stated.
Tinubu, who called urged political leaders at the state level to act with a deep sense of responsibility, added that good governance can only thrive in an atmosphere of peace.
“I take this opportunity to remind the Governors and the Houses of Assembly of all the States of our country to continue to appreciate that it is only in an atmosphere of peace, order, and good government that we can deliver the dividends of democracy to our people. I implore all of you to let this realisation drive your actions at all times,” Tinubu added.
