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