Section 305 to 308 of the Nigerian Constitution 1999
Sections 305 to 308 of the Nigerian Constitution 1999 are under Part II (Miscellaneous Provisions) of Chapter VIII (Federal Capital Territory, Abuja and General Supplementary Provisions) of the constitution.
Section 305 of the Nigerian Constitution 1999
Procedure for proclamation of state of emergency
(1) Subject to the provisions of this Constitution, the 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.
(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) there 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 danger;
(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 two-thirds 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.
Section 306 of the Nigerian Constitution 1999
Resignations
(1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to
any office established by this Constitution may resign from that office by writing under his hand addressed to the
authority or person by whom he was appointed, elected or selected.
(2) The resignation of any person from any office established by this Constitution shall take effect when the writing
signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised
by that authority or person to receive it.
(3) The notice of resignation of the President and of the Vice-President shall respectively be addressed to the
president of the Senate and to the President.
(4) On the resignation of the President, the President of the Senate shall forthwith give notice of the resignation to
the Speaker of the House of Representatives.
(5) The notice of resignation of the Governor and of the Deputy Governor of a State shall respectively be addressed
to the Speaker of the House of Assembly and the Governor of the State.
(6) The notice of resignation of the President of the Senate and of the Speaker of the House of Representatives shall
in each case be addressed to the Clerk of the National Assembly, and the notice of resignation of the Speaker of a
House of Assembly shall be addressed to the Clerk of the House of Assembly of the State.
(7) The notice of resignation of a member of a legislative house shall be addressed to the President of the Senate or,
as the case may require, to the Speaker of the legislative house in question.
Section 307 of the Nigerian Constitution 1999
Restriction on certain citizens
Notwithstanding any provisions contained in Chapter IV and subject to sections 131 and 177 of this
Constitution, no citizen of Nigeria by registration or under a grant of certificate of naturalisation shall within ten
years of such registration or grant, hold any elective or appointive office under this Constitution.
Section 308 of the Nigerian Constitution 1999
Restrictions on legal proceedings
(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section –
(a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies
during his period of office;
(b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance
of the process of any court or otherwise; and
(c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be
applied for or issued:
Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings
against a person to whom this section applies, no account shall be taken of his period of office.
(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this
section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal
party.
(3) This section applies to a person holding the office of President or Vice-President, Governor or Deputy Governor;
and the reference in this section to “period of office” is a reference to the period during which the person holding
such office is required to perform the functions of the office.
