Emergency Powers, Amendment & General Knowledge

Emergency Powers, Amendment & General Knowledge

Quick Answer: Section 305 governs states of emergency - the President proclaims by Gazette, on grounds (a)-(g), and needs 2/3 approval of all members of each House within 2 days (in session) or 10 days (not in session); it lasts 6 months, renewable. Section 9 governs constitutional amendment: 2/3 of the National Assembly plus 2/3 of State Houses for general provisions; 4/5 of the National Assembly plus 2/3 of States for entrenched provisions (§9, §8, Chapter IV). The Federation has 36 states + FCT, 774 LGAs, and three tiers and three arms of government.

State of Emergency - §305

Section 305 empowers the President to proclaim a state of emergency in the Federation or any part of it, by instrument published in the Official Gazette (§305(1)). Immediately after publication, the President must transmit copies to the President of the Senate and the Speaker of the House of Representatives, each of whom must convene their House to consider approval (§305(2)).

Grounds (§305(3))

A proclamation may issue only when one of the following exists:

• (a) The Federation is at war;
• (b) Imminent danger of invasion or involvement in a state of war;
• (c) Actual breakdown of public order and public safety requiring extraordinary measures;
• (d) Clear and present danger of such a breakdown;
• (e) Occurrence or imminent danger of disaster or natural calamity affecting a community;
• (f) Any other public danger threatening the existence of the Federation;
• (g) The President receives a request from a State Governor (backed by a 2/3 resolution of the State House of Assembly) under §305(4) - applicable only to situations (c), (d), or (e) confined to that State.

The President shall not issue a proclamation in a State case under (4) unless the Governor fails within a reasonable time to request it (§305(5)).

Approval and Duration (§305(6))

A proclamation ceases to have effect if:

• (a) The President revokes it by Gazette;
• (b) Within two days (National Assembly in session) or ten days (not in session), there is no resolution supported by a two-thirds majority of all members of each House approving it;
• (c) Six months have elapsed since it came into force - provided the National Assembly may, before expiry, extend it for further six-month periods by resolution passed in like manner;
• (d) At any time after approval or extension, each House revokes it by a simple majority of all members.

Recent example: President Bola Tinubu invoked §305 in March 2025 to declare a state of emergency in Rivers State.

Constitutional Amendment - §9

Section 9 sets the procedure for altering the Constitution. Two tiers of difficulty:

General Provisions - §9(2)

An alteration Act (not covered by §8) passes only if the proposal is supported by not less than two-thirds majority of all the members of each House of the National Assembly, and approved by resolution of the Houses of Assembly of not less than two-thirds of all States (24 of 36).

Entrenched Provisions - §9(3)

For amendments to §9 itself, §8, or Chapter IV (Fundamental Rights), the bar is higher: four-fifths majority of all members of each House of the National Assembly, plus resolution of two-thirds of all States.

Membership Calculation - §9(4)

For threshold calculations, the number of members of each House is fixed regardless of vacancies - Senate = 109 (§48), House of Representatives = 360 (§49). So 2/3 of the Senate = 73; 4/5 = 88. 2/3 of the House = 240; 4/5 = 288. 2/3 of States = 24.

A live controversy exists over whether Presidential assent is required for alterations - some scholars argue §9 is self-sufficient and amendments become Acts once State Houses approve, while others argue §58 (Presidential assent) applies. For COMPRO, know the thresholds (2/3 general, 4/5 entrenched, 24 states).

General Knowledge Essentials

A COMPRO candidate should know the structural facts of the Federation:

The Federation

• 36 States + the Federal Capital Territory (FCT), Abuja (First Schedule).
• 774 Local Government Areas (LGAs) across the states (Fourth Schedule defines LGA functions).
• Three tiers of government: Federal, State, Local.
• Three arms of government: Executive (§5), Legislature (§4), Judiciary (§6).

Key Constitutional Office-Holders

• President and Commander-in-Chief of the Armed Forces.
• Vice-President.
• President of the Senate (Senate President) and Speaker of the House of Representatives.
• Chief Justice of Nigeria (head of the judiciary).
• Secretary to the Government of the Federation (SGF).
• Head of the Civil Service of the Federation.
• Chairman of the Federal Civil Service Commission (FCSC) - the body that administers the COMPRO promotion/confirmation exam.

Exam questions on current office-holders test general awareness; names change, but the constitutional offices are fixed.

Other General Knowledge Anchors

• Nigeria gained independence on 1 October 1960 and became a Republic on 1 October 1963.
• The 1999 Constitution (as amended) is the supreme law, promulgated 5 May 1999, succeeding military-era constitutions.
• The Federal Character principle is enshrined in §14(3) and operationalised by the Federal Character Commission (Third Schedule).
• The National Youth Service Corps (NYSC) is established by the NYSC Act.
• The Code of Conduct Bureau (Third/Fifth Schedule) monitors assets declarations of public officers - directly relevant to federal civil servants sitting COMPRO.