The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has described the Supreme Court’s recent judgment on presidential emergency powers as a major boost to Nigeria’s constitutional law and democracy.
In a statement issued on Tuesday by Kamarudeen Ogundele, the Senior Assistant to the President, Communication and Publicity office of the AGF and Minister of Justice, Fagbemi highlighted that the decision has “further strengthened the nation’s jurisprudence” and helped to “erase any doubt” about the legality of the President’s action and the endorsement by the National Assembly.
“The landmark judgment has further strengthened the nation’s jurisprudence and added another vital ingredient to consolidate its democracy,” the statement read.
“Nigeria is for all, and he assured Nigerians of the president Tinubu’s administration’s commitment to uphold the tenets of democracy and the Rule of Law at all times.”
The judgment was on a suit filed by 11 states, primarily governed by the opposition Peoples Democratic Party (PDP), which challenged the constitutional validity of President Tinubu’s decision in March to declare a state of emergency in Rivers State and suspend its democratically elected structures.
Delivering the lead judgment, Justice Mohammed Idris held that the plaintiff states “did not disclose any cause of action capable of invoking the court’s powers as a court of first instance.”
The court stressed that its original jurisdiction is limited to disputes between the Federation and a state, or between states, and the plaintiffs failed to demonstrate how the President’s actions in Rivers State directly affected them.
Although the suit was struck out on jurisdictional grounds, the majority judgment affirmed that the President has the constitutional authority under Section 305 of the 1999 Constitution to declare a state of emergency when circumstances threaten public order, national security, or governance, and can deploy extraordinary measures like suspending elected officials, provided the measure is for a limited and defined period.