Human rights lawyer, Femi Falana, has stated that the Nigerian Constitution does not explicitly grant the President the authority to take over or temporarily displace the executive or legislative arms of a state government.
Falana made this clarification on Tuesday during an interview on Arise Television.
He was responding to a recent Supreme Court judgment, which reaffirmed that the President has constitutional powers to declare a state of emergency in any state where public safety or governance is under serious threat.
According to him, “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 who delivered the lead judgment issued what can be described as a summary judgment.
“Unfortunately, many commentators have not taken the time to read the full judgment. Yes, there is no doubt that the court confirmed 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 never any doubt that the President could deploy security forces or take other necessary steps to restore law and order.
“What has always been controversial is the scope of such powers, and the Supreme Court pointed out that Section 305 of the Constitution does not clearly define the extent of the powers the President can exercise.”
