State Of Emergency: No Supreme Court Decision On Extent Of President’s Power

TEMITOPE AJAYI 

There is no Supreme Court decided case or decision on the extent of the President’s power in matters of declaration of a state of emergency in any part of Nigeria.

All the views being expressed over the current situation in Rivers State by senior lawyers, ordinary lawyers, regular lawyers, ambulance chasers, political actors, activists and politicians etc are mere opinions.

Until this is challenged successfully at the Supreme Court and the apex court decides on it, President Tinubu has exercised his executive powers under Section 305 of the constitution of Nigeria as amended as he deemed it necessary.

The constitution under Section 305 allows the President, under emergency rule, to use ‘extraordinary measures”. Only the President can determine the extent of the extraordinary measures he would take per time as the situation demands.

An emergency rule is an unusual time where norms are suspended to preserve the corporate existence of a state and or a country.

This post is mere personal view too, just like other views.