Section 305 of 1999 Constitution

1. Subject to the provisions of this Constitution, t[b]he 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.[/b]

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. t[b]here 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 dange[/b]r;
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 twothirds 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.

Nigerians don't need to complicate issues with FGN over naira notes, fuel queues and bad economy.
Just reject APC at your polling unit
...and Vote LP....or if its too bad PDP.
APC must not see, smell or taste your thumbprint

The president's order automatically comes to effect the moment the supreme court injunction expires and it'll def expire before April 10. So no need to write all these stories. This issue has shown the level of emotionalism and illiteracy in Nigeria.

BTW, the president gave till April 10 to deposit 1000 and 500. He only ordered that it shouldn't be recirculated and only the 200 should be. Soo, I don't get the fuss here. Or did I miss something.

This is not necessary. Governors openly disobeying the Commander-in-Chief is treasonable felony.

Today El-Rufai wants to help us ordinary people to defend democracy by disobeying the president and the CBN, which was acting within its constitutional provision.

This is the ultimate litmus test for Buhari's firmness. Could any governor have dared Obj in his days like this?

Abeg general pass general.

Edited.

ShenTeh:
This is not necessary. Governors openly disobeying the Commander-in-Chief is reasonable felony.

Today El-Rufai wants to help us ordinary people to defend democracy by disobeying the president and the CBN acting within its own constitutional provision.

Ha! What's this again. I'm not even sure you know what felony is.

Upworkwriter007:
The president's order automatically comes to effect the moment the supreme court injunction expires and it'll def expire before April 10. So no need to write all these stories. This issue has shown the level of emotionalism and illiteracy in Nigeria.

BTW, the president gave till April 10 to deposit 1000 and 500. He only ordered that it shouldn't be recirculated and only the 200 should be. Soo, I don't get the fuss here. Or did I miss something.

Elrufai insists that both N1000 and N500 are legal tenders as against the president's broadcast

Only naive people would think a state of emergency can be declared on Kaduna or El-Rufai.

It is good that all these anarchy & treasonable felony are all coming from the APC governors to a central ruling APC administration.

Everyone is now directly having a foretaste of their own wickedness that they have inflicted across the land.Who ever thought governors will ever take the heat on the president? What a time to be alive

[quote author=ShenTeh post=120974236][/quote]

He's not waring the state because he has a legal premise.

Validated:


Elrufai insists that both N1000 and N500 are legal tenders as against the president's broadcast

Based on the Supreme Court injunction, they are by law. Once the injunction is vacated, then they are not. It's a temporary injunction, so I don't see the reason for argument here. Since he's party to the case, then it's binding on him to follow it.

Validated:


Elrufai insists that both N1000 and N500 are legal tenders as against the president's broadcast

He's not waring the state because he has a legal premise.