Martial Law: Understanding When Military Rule Replaces Civil Governance By Sobechi Obasi
The term Martial law evokes images of soldiers on city streets, curfews, and suspended freedoms. But what exactly does it entail? What are the basics of this extraordinary legal measure, as well as its historical significance, and its implications for democracy?
What Is Martial Law?
Martial law occurs when the military takes over civil functions, typically during emergencies when civilian authorities can not maintain order. During this period civil rights are temporarily suspended, such rights include: the right to freedom of speech, assembly, and movement, giving the military sweeping powers to enforce laws.
Key Features of Martial Law include:
Temporary Rule by the Military: where the civil governance is replaced with military authority, often during war, rebellion, or major unrest.
Suspension of Civil Liberties: where rights such as freedom of expression and protection from unreasonable searches may be curtailed.
Military Tribunals: Civilian courts can be sidelined in favor of military tribunals, often resulting in faster trials and harsher penalties.
Martial law has been declared at various points in history in different countries during times of crisis, the most recent being in South Korea on 3rd December, 2024. President Yoon Suk Yeol’s declaration marked the first such move since 1979. Citing threats from “anti-state forces,” Yoon’s decision led to mass protests, with opposition leaders denouncing it as unconstitutional and calling for his impeachment. However, CNN reported that President Yoon has reversed this declaration.
Other declarations of Martial Law in history.
Poland, 1981: Martial law was imposed to crush the Solidarity movement, a pivotal moment in Cold War history.
Myanmar, 2021: Following a military coup, martial law was declared, sparking widespread protests and global condemnation.
United States: While never declared nationwide, martial law has been used locally, such as during the Civil War and after natural disasters like Hurricane Katrina.
Martial law is usually declared by a country’s highest authority, such as a president. The legal framework for its declaration varies per country. Many nation’s National constitutions or emergency laws outline when martial law can be declared and for how long. For example Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 makes provisions for the declaration of a state of emergency in Nigeria.
Section 305(3a,b) of Nigeria’s Constitution provides that “The President shall have power to issue Proclamation of a state of emergency only when: the Federation is at war; the Federation is in imminent danger of invasion or involvement in a state of war.”
Section 305(3c), further states that the state of emergency can be imposed by the President if “there is actual breakdown of public order and safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security.”
Martial law is often controversial, seen as both a tool for restoring order and a threat to democracy. It can trigger significant unrest. While it aims to restore order during crises, it often comes at the cost of civil liberties. History shows that the imposition of martial law can either stabilize a nation or deepen political turmoil.
Conclusively, martial law is a reminder of the delicate balance between security and democracy—and the enduring struggle to protect civil rights in times of uncertainty.
Sobechi Obasi is a first class Law graduate of Bowen University Nigeria, and writes from Abuja
