Lawyers react to Supreme Court verdict on emergency rule

By Lukman Olabiyi

Lawyers and constitutional experts have expressed mixed reactions to the Supreme Court’s decision upholding the President’s power to declare a state of emergency and suspend elected officials under limited circumstances.

Some senior lawyers described the ruling as a reaffirmation of constitutional order, arguing that the President must be empowered to act decisively in situations threatening national stability. They noted that Section 305 of the Constitution was deliberately crafted to allow extraordinary measures where there is a clear breakdown of law and order, adding that the court’s insistence that any suspension of elected officials must be time-bound serves as an important safeguard against abuse.

A constitutional law expert , Ige Asemudara said the judgment struck a balance between executive authority and democratic principles. According to him, the court made it clear that emergency powers are not a blank cheque, stressing that elected officials cannot be removed indefinitely under the guise of emergency rule.

“From extracts of the judgment which I have read in part, I commend the law lords of the Supreme Court. They have restated the law and set the record straight beyond per adventure.

” The emergency declaration powers of the President under Section 305 of the Constitution is for the peace, order and security of lives and properties. It is not a selfish or partisan powers and it is not right for anyone to perceive it in a partisan light.

“Every political player must play in such a way as not to endanger public infrastructures and facilities, lives and properties, peace and orderliness. If a player does, he may unwittingly pull the emergency trigger and the president cannot be blamed for it.”, he said

Speaking further, Asemudara added: ” I must say that any court would have answered the question whether the President has the power to declare a state of emergency under the circumstances mentioned in Section 305 in the affirmative. What could have been the difficult question would have been whether the facts or material condition at the time of the declaration are those envisaged under section 305 . Interestingly, that too is a question of fact as presented before the Honourable Court. Whichever way you look at it, you cannot fault the reasoned decision of the Supreme Court on this issue. The emergency declaration power of the president is a constitutional power that is exercised politically. Because of its very political nature, the exercise of that power is usually criticised in political terms and public discourse. Such criticisms do not however, rob the power of its legality. The Supreme Court saw through it and beyond it, I give it to my Lords”.
Yahoo Mail: Search, organise, conquer