Supreme Court And The Powers Of The President During Emergency Rule!

TEMITOPE AJAYI 

 

This morning on Arise TV, Reuben Abati, Rufai Oseni, and Ayo Mario-Ese delivered their own version of the Supreme Court judgment on emergency declaration and powers of the President.

 

In a majority judgement read by Justice Mohammed Idris, Supreme Court, yesterday, delivered a clear judgment. Whatever legal or political opinions that proceed after the ruling by lawyers and so-called experts remain what they are: mere opinions. Opinions are not court rulings.

 

Section 305 of the 1999 Constitution of Nigeria, as amended, says a president can adopt “extraordinary measures” during a state of emergency to restore order in any part of the country. The bone of contention has always been what constitutes extraordinary measures and how deep and far reaching these measures can go.

 

In deciding what constitutes ‘extraordinary measures’, the Supreme Court ruled that the provision of the constitution does not specify the exact nature of what “extraordinary measures” are and this vest the President with power of discretion on how to act in such circumstances.

 

In other words, only a president can determine scope, depth, and the extent of “extraordinary measures” at any point in time. The Supreme Court simply ruled that if a President thinks the extraordinary measures he/she needs to take to restore public order during an emergency include temporary dissolution of democratic structures in a state, so be it. Another president can decide not to go the whole nine yards. Therefore, the decision of President Tinubu in Rivers State was lawful and not in breach of the constitution.

 

With this definitive and seminal ruling by the Supreme Court, it is now settled the extent a president can exercise his powers during emergency rule.