POWERS OF THE PRESIDENT TO DECLARE STATE OF EMERGENCY IN STATES AND AUTONOMY OF STATE GOVERNMENTS IN NIGERIA’S FEDERALISM

Abstract

Nigeria practices federalism which is anchored on the sharing of powers between federal government and state government ensuring the autonomy of each sphere of governance. The powers of the president to declare state of emergency in states in Nigeria, although constitutional, has proved to be a threat to the autonomy of state government especially as it is susceptible to abuse. This article examined this presidential power to declare state of emergency, and compared it with what is obtainable in the United States of America. The article employed non-doctrinal research methodology and sourced data from constitutions, relevant statutes, case laws, journal articles and internet materials. The article found that powers of state of emergency in Nigeria threatens state autonomy. The article recommended, among other things, that section 305 of the Constitution should be amended to make the declaration of state of emergency in Nigeria to be about addressing peculiar issues like natural disasters, insecurity, outbreak of diseases that requires urgent intervention, and not about geographical locations like an entire state of the federation. It further recommended that state governors should have powers to declare state of emergency on issues within their territorial authorities.