The Exercise of Emergency Powers and Suspension of Democratic Structures in Nigeria and India

This paper entitled ‘The Exercise of Emergency Powers and Suspension of Democratic Structures in Nigeria and India’ examines the constitutional and political issues in the exercise of emergency powers in the two nations with an appraisal of what obtains in Pakistan. The paper interrogates and analyses the constitutional provisions and judicial review of the exercise of emergency powers in the jurisdictions. The provision of emergency powers in National constitutions envisages the corruption of situations where the flow of normal constitutional and democratic practices have been truncated and public peace, safety and order are threatened.
The paper employs the doctrinal and comparative methodological approaches of analysis. The doctrinal approach utilizes primary and secondary sources of information in analyzing and interrogating issues attendant with emergency declarations. The primary sources of information include the constitutions of the jurisdictions considered herein, other statutory enactments and judicial pronouncements. The secondary source of information captures the use of books, journals, command papers, newspapers and internet resources. Nigeria and India have been chosen for comparison as former British colonies which attained independence within a range of 10 years.
Further, while Nigeria practices presidential model of constitutional democracy, India operates the parliamentary system of constitutional democracy. Despite this differential, the exercise of emergency power is vested in the presidential in the two jurisdictions.
Imploring the doctrinal and comparative approaches of analysis, it is argued that while the provision of emergency powers in National Constitutional Statutes to arrest unexpected happenstances is commended, it should be insulated from abuse and operated devoid of political coloration. It is further recommended that judicial officers particularly at the apex bench should exhibit integrity and extricate themselves from the loins of the executive.

Democratic structures, Emergency powers, India and Nigeria.

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