Sponsored
Opinion

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

Sponsored
Sponsored

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.

Sponsored
Alinnor Arinze

Recent Posts

MTN Foundation, UN Women Partner To Empower 200 Rural Women Entrepreneurs

MTN Foundation and United Nations Women have signed a Memorandum of Understanding (MoU) to expand…

2 hours ago

Man, 54, Arraigned For Allegedly Throwing Wife’s Belongings Onto Street In Lekki

CYRIACUS IZUEKWE A 54-year-old man, John Omoera, was arraigned before a Lagos Magistrate Court over…

3 hours ago

BBNaija S11: 15 Housemates Up for Eviction in Week 6

All housemates, except Head of House Abi and Most Influential Player of the Week Sheba,…

3 hours ago

“We’re Tired Of Bad Governance” — Ugwumba Movement Assures Chima Amadi Of Support

The growing dissatisfaction with the way Imo State is being governed took another political expression…

4 hours ago

President Tinubu Welcomes Reports Of Growth In GDP, Assures Of Stronger Microeconomic Performance

President Bola Ahmed Tinubu welcomed the encouraging news on Monday from the National Bureau of…

5 hours ago

Alleged N12m Cashew Theft: Court Grants Ibukun Akinsuyi Bail With Two Sureties

CYRIACUS IZUEKWE A 32-year-old man, Ibukun Akinsuyi, was arraigned before a Lagos Magistrate Court over…

6 hours ago
Sponsored