The term state of emergency can be defined as a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergence preparedness plans.

            State of emergency can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war or situation international or internal armed conflict.
            Now a days, in some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, but not non-derogable rights. In many countries it is illegal to modify the emergency law or the constitution during the emergency.
To make comparative analysis of the emergency rules in Nigeria, detail of the emergency rules should be accounted for.
State of emergency was not just imposed on western region like that some events evolving round the political sphere, are what led to that.
            On May 13, 1962, enumeration during the first really Nigerian census began, and continued for two weeks. As a result of several irregularities that were noticed, results were eventually nullified, later conducted more than a year later, November 5-8 1963.
            On May, 1962, at a meeting of the western and mid western executive committee of Action Group (AG), Chief S.L Akintola, the premier of the AG controlled western Nigeria was forced to defend himself for antiparty activities.
            At the party’s annual convention held in January 1962 at Jos the bitter disagreements among the leaders of the party were brought into the open. The disagreement was caused immensely by differences on tactics between S.L Akintola, the then premier of the western region and the deputy leader of the party who advocated that the Action group should enter a federal coalition government, and chief Awolowo Obafemi, leader of the opposition in the federal parliament, who strongly opposed this view and also supported a more radical policy in internal Affairs.
            The conflicts involved more than party discipline and a power struggle between the two men. Since 1960, chief Awolowo, sensing the growing discontent and grumbling among Nigerian youth, had attempted to woo their votes by transforming the Action Group from a Yoruba-based, western regional party into a national party with a radical socialist outlook. He demonstrated that Action group had no future had no without it. The conflict within the Action Group became a battle between the young radical led by Awolowo and the businessmen and traditional rules led by chief Akintola. Later 1961, Chief Obafemi Awolowo asked a group of young leaders to draft a series of working papers defining democratic socialism. These papers were brought before the Action Group Federal Executive in December when were divided by chief Akintola as the work of revolutionary babes who haven’t the political astuteness to gain the party a single vote.
            Also chief S.L. Akintola refused to accept the continued push by chief Abafemi awolowo and the youngmen to campaign both in the North and the East.    S.L. Akintola argued that the Action group should face realities and stay in the west.
            On May 20 1962, federal executive committee of Action Group decided to remove him as Deputy Leader of the party and premier. A majority of the legislative also signed a letter send to the Governor of the western region, sir Adesoji Aderemi, requesting that chief Akintola to be dismissed. Accordingly, on May 21, 1962, sir Adesoji Aderemi Obliged, stating that “he was connived that he (Akintola) no longer enjoyed the support of the members of the house of assemble”. Alhaji Dawodu Soroye Adegbonro was asked to form a cabinet, which was sworn in May 23. Rather than work from the premier’s office (which remained forcibly “occupied” by Akintola and his supporters) Adeghenro worked from his home residence. On Friday, may 25, a house of Assembly called to debate a motion of confidence in the new government ended abruptly with a free-for-all fight involving the throwing of chairs.
            For this reason, the prime minister called for a special session of the federal parliament for 29th May.
            On May 29th, 1962, in the Federal House in Lagos, the prime minister, sir, Abubakar Tafawa Balawa started a chain of events with the following statement------- I rise to move the resolution in my name which reads as follows: That in pursuance of section (65) of the 1960’s constitution of the federation it is declare that a state of public emergency exist in the western region of Nigerian and that this resolution shall remain in force until the end of the month of December, 1962”
            “After this declaration, the prime minister went on to give historical reasons why he thought his motion should be supported by those present. After his lengthy speech, chief Obafemi Awolowo, leader of opposition in the federal parliament, and leader of the Action Group that was the ruling (but then conflict ridden) party in the western Region, said--- I beg to move the following amendment to the motion already proposed  by the prime minister:
            “To delete all the words of the motion after, that and substitute. This honourable house declares that having regard to the provisions of section 65 of the constitution of the Federation o f Nigeria a state of public emergency does not exist.
            He then went on to argue that the motion was discriminatory, and would amount to a gross misuse of power if approved. After voting, Ayes were 32, Noes  were 7 and Abstention – 2, and the motion was passed, giving the federal Government constitutional powers to take over the administration of western Nigeria. Thirteen emergency powers (General) regulations 1962 were rapidly passed by parliament on the same day, and senator the Hon. Dr. Moses Adekoyejo Majekodunmi was appointed the administrator of western Nigeria.
Conditions that led to declaration of state of public emergency by prime minister in 1962.
1.         The conflict existing in western region of Nigeria and struggle between political leaders

2.         The impeachment procedure of S.L Akintola as a deputy leader of the party and followed by clashes in the federal house in Lagos.
Emergency Rule in Plateau State
On Tuesday, May 18 2004, president Olusegun Obasanjo, citing section 305 of the 1999 constitution, imposed a state of emergency on plateau state, suspending the elected governor Joshua Dariye and the state house of assembly in the process.
The president accused the governor of failing to act to the end a cycle of bloodletting violence between the plateau state’s Muslim and Christian communities that might have claimed many lives since September, 2001. In a nationwide radio broadcast, Obasanjo stated that Governor Joshua Dariye had been an indecisive governor and that his failure to intervene firmly to stamp out sectarian violence had led to the 2 May massacre in the town of Yelwa. President Olusegun Obasanjo appointed a retired army general Chris Mohammed Ali who has since been talking tough as interim administrator for the month.
The representative of the Nigerian people, both in the senate and the house of representative had voted to endorse the president’s action. Voting in the legislative chamber cut across party ethnic and religious lines. The distinguished members had to put their petty political squabbles aside to instill sanity in the nation’s body polity. In fact, the house leader then Abdul Ninji’s motion for debate on the issue is noteworthy here. He called that the house had in past, passed eleven resolutions that condemned ethnic clashes and Plateau state was on instance over which the president was attached for inaction. According to him therefore, it would amount to a policy somersault if the same house failed to back the president in his decisive action.
Only now  that new emergency power regulation being proposed and tabled for consideration by the National Assembly, after that same assembly had approved Obasanjo’s move on a May 19 before the tabling. In a letter to the National Assembly entitled state of Emergency (Plateau State) proclamation, Emergency powers regulations and dated may 21, 2004 the president noted that sequel to the state of emergency, there is urgent need to make consequential regulations for the administration of the government of the state. The regulations are made under section 3 of the emergency powers act 1961 (as modified) under section 5 of the said Act, every regulation so made requires approval by resolution of each house of the national Assembly within two months of the coming into operation of the regulations he stated in the letter.
            Section 5 of the Act states, every regulation made under section 3 and every order or rule made in pursuance of such a regulation shall, without prejudice to the validity of anything lawfully done there under, cease to have effect at the expiration of a period of two months from the date upon which it came into operation unless, before the expiration of that period, it has been approved by resolution passed by both house of parliament.
            The regulations which the president Obasanjo is now seeking National Assembly approval for are: Emergency Powers (General Regulations 2004, Emergency powers (Procession and meeting); Emergency powers (Reporting of persons) regulations 2004; Emergency Powers (Control of Arms and Explosives) Regulations 2004; Emergency Powers (curfew) Regulations 2004; Emergency Powers (Detention of persons) Regulations 2004; Emergency Powers (Restriction Orders) Regulations 2004; Emergency Powers (protected places) regulations 2004.
Emergency Rule in Ekiti as the 1999 Constitution Stipulates
            The president of the Federal Republic of Nigeria, Chief Olusegun Obasanjo, has made a proclamation of a state of emergency in Ekiti State pursuant to the power conferred on him by section 305 of the Federal Republic of Nigeria, 1999. This is the second time in two years that the president would be exercising the power to proclaim a state of emergency, the first being in Plateau on May 18 2004. The president sought justification in what he referred to as breaches of the constitution by members of the Ekiti State House of Assembly. The condition precedent for the proclamation of state of Emergency relevant to the Ekiti case is contained in section 305(3)(i) of the constitution, namely, existence of actual breakdown of public order and public safety in the federal or any point thereof to such extent as to require extraordinary measures to restore peace and security”.
            It follows that the sort of breakdown of public order contemplated by section 305 of the constitution must be such as a real as opposed to contrived or simulated breakdown of public order. In the Ekiti case where the Federal Government Literally folded its arms and did nothing when the legislators removed the substantive Chief Judge and appointed an acting Chief Judge without Complying with constitutional provisions; where unchallenged press reports stated that the president made it clear that only the Governor should be impeached otherwise the legislators should not count on his support; where the police accorded all the factions full official police orderlies as distinct from regular police protection, there can be little doubt that the breakdown of public was real.
            Making comparative analysis of the enforcement of emergency rules certain factors should be considered to know if the proclamation was constitutional or not.
            In 1963, 2004 and 2006 was there actual breakdown of public order?
The conflicts that persisted among political leaders in the western region contributed the proclamation in 1963. Then on Friday 25 May, 1962 a House of Assembly meeting called to debate a motion of confidence in the new government ended abruptly with a free-for-all fight involving throwing of chairs in the parliament. This caused the prime mister to call for a special session of the federal parliament on 29 May, 1962 in the Federal House in Lagos, the Prime Ministers, Sir Abubakar Tafewa Balewa began a chain of events (proclamation). The breakdown of law in the western region is the free-for-all involving throwing of chairs in federal house during called for meeting to debate a motion of confidence in the new government. The declaration was in accordance with session 65 of 1962 Federal Constitution, the duration was six months and appointment of an administrator who will be in charge of western region was not a military officer, the person of Hon. Dr. Moses Adekoyajo Majikodunmi.
The emergency rule in plateau state, 204, the breakdown of public law or order, was inability of Governor Joshua Dariye and Plateau state house of assembly to control crisis in Jos between Muslim and Christian communities since 2001 . The regulations are made under section 3 of the emergency power Act 1961 (as modified) under section 5 of the said Act, every regulation so made requires approval by solution of each house of the National Assembly. The administrator appointed by then was a military officer, retired army general Chris Mohammed Ali for the period of six months.
The Ekiti State 2006, the proclamation was as a result of breakdown of public order. There have been arguments to the effect that alleged violation of the constitution by all parties to the crisis. The remove of substantive Chief Judge by the Ekiti State legislature and replace with Acting Chief Judge of the Ekiti State without complying with constitutional provisions. Where unchallenged press reports stated that the president made it that only the Governor should be impeached otherwise should not count on his support.
The military Administrator who replaced the governor of the state was Brigadier General Tunji Olurin. In his addresse to the Nation, President Olusegun Obasanjo catalogue series of violation of Nigeria Constitution especially section 292 subsection (ii) and section 271(i) all in the bid to remove Governor Fayose.

Summary of the difference on conditions in which emergence rules was imposed on 1963, 2004 and 2006
1.         The conditions that was considered as breakdown of public order in their course of the declaration in 1963, 2004 and 2006 were not same factors.
2.         1963 enforcement of the emergency rules in western region, the administrator that was appointed was non-military officer Hon. Dr. Moses Adekoejo Majekodunmi.
3.         The declaration of emergency rules in western region Nigeria in 1963 was invoked from section 65 of 1960 federal government constitution while emergency regulation 2004 and 2006 invoked from section 305 and it is a modification of 1962 constitution.
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