FACT SHEET: CHANGES TO THE DECLARATION OF STATE OF PUBLIC EMERGENCY IN The 2024 DRAFT CONSTITUTION.

What is in the 2020 Draft Constitution: Key Provisions (Section 70)

1. Declaration of Public Emergency

• The President could declare a state of public emergency by Proclamation in the Gazette.

2. When a State of Public Emergency Exist  

• A state of public emergency could be declared when:  

➢ The state faced threats like war, invasion, civil disorder, natural disasters, or similar emergencies.

➢ A situation existed that could lead to such threats if allowed to continue.

3. Duration of the Declaration

• If the National Assembly was in session, the declaration would expire after 7 days unless extended.

• If the National Assembly was not in session, the declaration would last for 21 days unless extended.

4. Extension of the Declaration  

• The National Assembly could extend the emergency period for up to 60 days at a time.  

• The first extension required a two-thirds majority, and subsequent extensions required a three-quarters majority.

5. Revocation of the Emergency  

• The President could revoke the declaration at any time through a new Proclamation in the Gazette.

6. Supreme Court Review

• The Supreme Court had the power to determine the validity of:  

➢ A declaration of a state of public emergency  

➢ Any extension of such a declaration  

➢ Any legislation enacted or action taken as a result of the declaration.

 

What is in the 2024 Draft Constitution: Key Provisions(Section 61). 

1. Declaration of Public Emergency

• The President may declare a state of public emergency by Proclamation published in the Gazette.

2. Conditions for a State of Public Emergency 

• A public emergency can only be declared when:  

• The state is threatened by war, invasion civil disorder natural disaster, or other serious emergencies.  

• A situation exists that, if allowed to continue, could lead to such threats.

3. Duration of the Declaration

• If the National Assembly is in session, the declaration lapses after 7 days.  

• If the National Assembly is not in session, the declaration lapses after 21 days. 

4. Extension of the Declaration  

• The National Assembly may extend the emergency period for up to 90 days at a time.  

• The first extension requires a two-thirds majority of the National Assembly.  

• Any subsequent extensions require a three-quarters majority of the National Assembly.

5. Revocation of the Emergency 

• The President can revoke the declaration at any time through a new Proclamation in the Gazette.

 

Omissions and Changes in the 2024 Draft Constitution

1. Supreme Court Review Omitted  

• Removed: In the 2024 Draft Constitution  the Supreme Court’s role to review or decide on the validity of a state of emergency has been omitted. 

• In the 2020 Draft Constitution, the Supreme Court could decide on the legality of following:

➢ The declaration itself  

➢ Any extension of the declaration  

➢ -Any legislation or actions taken due to the emergency  

• In the 2024 Constitution, this oversight by the Supreme Court is completely removed.

2. Extended Duration for National Assembly Extensions

• Changed: in the draft constitution 2020, the National Assembly is allowed to extend a state of emergency for up to 60, however, this period has been increased to 90 days at a time in the 2024 draft Constitution. 

• However, the requirement for majority for the National Assembly to extend the declaration of the state of emergency remain the same both in the 2020 and 2024 draft constitution (two-thirds for the first extension, three-quarters for subsequent extensions).

What Has Been Maintained?

1. Presidential Power

• In the 2024 draft constitution, The President still holds the authority to declare and revoke a state of public emergency through a Proclamation published in the as it is in the 2020 draft constitution. 

2. Duration of Declaration

• The same 7-day limit applies if the National Assembly is in session, and the 21-day limit applies if the Assembly is not in session.  

3. National Assembly’s power 

• In the 2024 Constitution, the National Assembly’s power to extend the state of emergency through a resolution has been maintained as it in the 2020 draft Constitution. 

What you need to know: 

• The 2024 Constitution removes the oversight of the Supreme Court, granting the President more control over declarations of emergency.

• The National Assembly’s power to extend emergency periods is lengthened to 90 days per extension, which has offered more flexibility in dealing with long-term crises. 

• The President’s authority and power remains mostly unchanged, However this authority and power lacks the judicial oversight as provided by the 2020 constitution. 

By Kaddijah Sey Saweneh & Yankuba Corr

Researchers

 

 

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