EMERGENCY POWERS UNDER THE 1999 CONSTITUTION: THE, CASE STUDY OF PLATEAU STATE

The above statement summed up the decision of the Federal Government under President Olusegun Obasanjo on the long ranning ethnic / religious conflict in Plateau State. Emergency rule as an exception to constitutional order may perhaps predate even the advent of written constitutions as a charter of government. From time immemorial state as a fictional body, epitomized by its leadership, had established the framework of its relationship with the citizens including in extraordinary circumstances which emergency situation portends. In the course of history various legislation, regulations, instruments and in many cases draconian measures were used by the state to achieve the objectives of addressing unusual situation or circumstances. The question which remained was the exact circumstances and nature which this awesome power of the state could be legally and beneficially evoked without harming the fundamental interest of the people e.g fundamental rights and other constitutional limitations. It is intended to examine the various constitutional principles and provisions, including judicial decisions which governs or / and regulates the declaration of state of emergency under the 1999 Constitution. Furthermore, the examination of the issues will be made in the context of constitutional requirements against the background of the Plateau state experience in so far as the information available allow. It must be pointed out that the bulk or the entire materials of the events of what happened in Plateau State was based on Newspapers Report and Magazines. Emergency rule in Nigeria is not new and it may be necessary to briefly examine the historical background of emergency rule in Nigeria before venturing into the substantive issues.