Nigeria’s Supreme Court Upholds President’s Emergency Powers

Nigeria’s Supreme Court Upholds President’s Emergency Powers

The Supreme Court of Nigeria has ruled that the President has the constitutional authority to declare a state of emergency in any state to prevent a breakdown of law and order. In a recent judgment, the court dismissed a suit filed by 11 states governed by the Peoples Democratic Party (PDP) challenging President Bola Tinubu’s declaration of emergency rule in Rivers State .

The court’s majority opinion, led by Justice Mohammed Idris, held that Section 305 of the 1999 Constitution grants the President broad discretion to take “extraordinary measures” to restore normalcy during an emergency. These measures may include temporarily suspending elected officials, provided they are limited in duration .

However, Justice Obande Ogbuinya dissented, arguing that while the President may declare a state of emergency, this power cannot extend to suspending democratically elected officials, including governors, deputy governors, and lawmakers .

The Supreme Court’s judgment has significant implications for the country’s governance and politics. The ruling affirms the President’s authority to take extraordinary measures to restore order and stability in times of crisis .

The Supreme Court’s decision has set a precedent on the scope of executive authority during emergencies. While the ruling has been hailed as a victory for the executive branch, it also raises questions about the limits of presidential power and the potential impact on Nigeria’s democracy .