Nigeria’s Supreme Court has upheld the president’s constitutional authority to declare a state of emergency and suspend elected officials when conditions threaten public order, security, or democratic governance.
This landmark ruling was issued on Monday in Abuja by a panel of judges who affirmed that the president’s powers under the 1999 Constitution are lawful and valid when exercised in accordance with constitutional provisions and the national interest.
In its ruling, the Supreme Court stated that Article 305 of the Constitution empowers the president to declare a state of emergency in situations such as a breakdown of law and order, threats to national security, or the inability of state governments to effectively perform their functions. The court also clarified that this measure may include suspending elected officials if the situation warrants urgent intervention.
The judges rejected arguments that the president’s actions constitute an abuse of executive power, emphasizing that emergency measures are temporary and subject to oversight by the National Assembly, which must approve or reject the declaration within a specified timeframe.
According to the court, the framers of the Constitution intentionally granted the president emergency powers to protect the country in exceptional circumstances, provided that these powers are not exercised arbitrarily or indefinitely.
This ruling follows a legal challenge that questioned the legality of the president’s suspension of elected officials during the state of emergency. The plaintiffs argued that such measures undermine democracy and federalism, but the court disagreed, stating that the emergency administration aims to restore democratic order, not destroy it.
Legal analysts say this ruling has far-reaching implications for constitutional democracy in Nigeria, as it clearly defines the scope and limits of executive power during national crises.
The decision has also sparked public debate, with supporters describing it as essential for national stability, while critics warn that emergency powers must be applied cautiously to prevent their misuse.
Source: Channels Television
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