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Renowned human rights lawyer, Femi Falana (SAN), has declared that the Nigerian Constitution does not expressly grant the President authority to assume control of or temporarily displace the executive or legislative institutions of any state.
Falana spoke on Tuesday during an interview on Arise Television monitored by our correspondent, while analysing the recent Supreme Court judgment on state of emergency powers.
The apex court had reaffirmed the President’s constitutional authority to declare a state of emergency in any state facing threats to public safety or governance.
Addressing the ruling, the senior advocate drew comparisons with other Commonwealth nations, noting critical differences in constitutional provisions.
“Unlike the constitutions of India and Pakistan, the Nigerian Constitution does not expressly confer power on the President to assume or temporarily displace executive or legislative institutions of a state.
“Well, I think in fairness to the Supreme Court, the justice that delivered the leading judgment, did send out what is regarded as summary judgment.
“Unfortunately, most commentators have not bothered to read the judgment. Yes, there is no doubt that the court did say or did confirm the power of the President to adopt extraordinary measures to restore law and order in any state where a state of emergency has been declared.
“There was no doubt before now that the President could deploy forces or take other steps to restore law and order.
“What has always been controversy is the extent of the powers, and the Supreme Court made the point that the provision of the Constitution, section 305, has not set out the extent of the powers that the president can exercise.”