WHEREAS pursuant to the provisions
of Section 305 (1), (3) (c), (d) and (f) of
the Constitution of the Federal
Republic of Nigeria 1999, the President
of the Federal Republic of Nigeria has
declared that a State of Emergency
exists in the States listed in the
Schedule to these Regulations :
NOW THEREFORE, in exercise of the
powers conferred upon me by Section
3 of the Emergency Powers Act, No. 1
of 1961 (as modified) and of other
powers enabling me in that behalf, I,
DR. GOODLUCK EBELE JONATHAN,
President of the Federal Republic of
Nigeria, hereby make the following
Regulations-
1. In these Regulations unless the
context otherwise requires___
“duly authorized person ” means any
person designated or authorized to
act on behalf of the President of the
Federal Republic of Nigeria with
respect to the administration of any
emergency area ; and
“emergency area” means that States
listed in the Schedule of these
Regulations including the Local
Government Areas of the States.
2.__( 1) A State Governor in an
emergency area shall continue with
the general functions of administering
the emergency area under the control
of the President or an person
designated or authorized to act on his
behalf
(2) A Local Government Chairman in
an emergency area shall continue with
the general functions of administering
the emergency area under the control
of the President or any person
designated or authorized to act on his
behalf
(3)The President may give directions to
a State Governor or Local Government
Chairman directly or through his
designate or a duly authorized person
with respect to the administration of
the emergency area and it shall be the
duty of the State Governor or Local
Government Chairman to comply with
the directive
3 .__(1)The President may, make such
Orders as appear to him to be
necessary or expedient for the
purpose of maintaining and securing
peace, public order, public safety and
good governance in the emergency
area.
(2)Any Order made under sub-
regulation (1) of this Regulation may
in particular, if it appears to the
President to be necessary or
expedient for the purpose mentioned
in the sub-regulation –
(a) make provision for the detention
of any person either within the
emergency area or elsewhere, removal
and exclusion of any person from the
emergency area;
(b)authorize the taking of possession
or control of any property or
undertaking in the emergency area;
(c) authorize the entry and search of
any premises;
(d) provide for the application of any
law (with or without modification), in
relation to that area;
(e) provide for the utilization of the
funds of any State or Local
Government in the emergency area;
(f) provide for the payment of
compensation and remuneration to
persons affected by the Order;
(g) provide for the apprehension,
trials and punishment of persons
offending against the Order; and
(h) provide for the maintenance of
such applies and services as the
President considers essential to the
lives of persons in the emergency
area.
(3) Nothing in sub-regulation (2) of
this regulation shall authorize the
making of provisions for the trial of a
person by military courts.
(4) An Order made under these
Regulations may provide that the
Order shall have effect for all
purposes as if it were a law made by
the House of Assembly of the State of
the emergency area concerned.
(5) The President shall, as soon as
reasonably practicable after an Order
has been made under these
Regulations, transmit a copy of the
Order to each House of the Assembly
for approval and if the National
Assembly disallows the Order, it shall
cease to have effect without prejudice
to anything done there under.
4. Subject to the provisions of
subsection (3) of section 215 of the
Constitution of the Federal Republic of
Nigeria 1999 and of any direction
given in pursuance of that subsection,
a person designated or authorized by
the President may give the
Commissioner of Police in the
emergency area such directions with
respect to the maintenance of
security, public safety and order as the
person considers expedient and it
shall be the duty of the Commissioner
of Police to comply with the directions.
5 . It shall be the duty of any person
holding office ___
(a) as Governor in any of the
emergency States;
(b) as Local Government Chairman in
any of the Local Government Areas in
the affected States; or
(c) in the public service of the State in
the emergency area within the
meaning of the Constitution of the
Federal Republic of Nigeria 1999; to
exercise their functions in accordance
with any directions given to them by
the President, his designate or any
authorized person.
6. Any instrument purported to be
signed by the President, his designate
or a person authorized by him shall
until contrary is proved, be deemed to
be signed by the President, his
designate or the authorized person.
7. These Regulations may be cited as
the Emergency Power (General)
Regulations, 2013.
SCHEDULE
States
Borno State
Yobe State
Adamawa State
ISSUED at Abuja this 20 th day of May,
2013.
DR. GOODLUCK JONATHAN, GCFR
President of the Federal Republic of
Nigeria
Source:ireports-ng.com/the-full-text-of-the-emergency-rule-gazette