₦airaland Forum

By S.T Yenge Esq.

Section 305 of the Constitution FRN 1999 is a very powerful weapon in the hands of a Nigerian President in extraordinary circumstances to temporarily suspend the powers of a state functionary in order to arrest the tendency of breakdown of law and order in a particular state.

This power is unquestionable because it is usually exercised in extreme situations where alternative remedies proved abortive.

Where this power is exercised,even the courts are powerless except due process is not followed at all.

But even at that the doctrine of necessity would come into place to remove the irregularities.

In Nigeria, attempts were made in 1962 to challenge the declaration of state of emergency before the courts of law in Nigeria but all the cases failed and the cases were all dismissed in favour of the proponent of declaration of state of emergency ( then,the parliament). See Williams v Majekodumi (1962)1All NLR 413 and Adegbenro v Attorney General of the Federation (1962) WNLR 150 at 160.

The Supreme Court was emphatic that the Nigerian courts have no jurisdiction to question the powers exercised by the parliament relating to the declaration of state of emergency under the constitution.

So,the power exercised by President Tinubu in Rivers State under the Nigerian jurisprudence cannot even be questioned by Nigerian courts. That is the law.

It is therefore better to implore political dialogue and arrive at a political solution instead of proceeding to court for the mere purpose of wasting the precious judicial time and resource in matters this nature

There is no remedy in court in this matter.

Free legal advice to who may need it.

Chief S.T Yenge, writes from Abuja.


Source: https://naijagg.com/the-position-of-law-in-nigeria-on-declaration-of-state-of-emergency/

See the idiots everywhere trying to confuse and misinform people on the situation.

Has anyone questioned the president's power to declare state of emergency?

He can declare whatever he likes but the democratic institutions of the state remain
Them no born am well to demolish am... that's what the constitution says
He doesn't have that power


If that's the case The military can as well demolish the presidency and declare State of emergency

kmst:
See the idiots everywhere trying to confuse and misinform people on the situation.

Has anyone questioned the president's power to declare state of emergency?

He can declare whatever he likes but the democratic institutions of the state remain
Them no born am well to demolish am... that's what the constitution says
He doesn't have that power


If that's the case The military can as well demolish the presidency and declare State of emergency

Your last statement does not make sense at all

Law in Tinubu's government? It can only mean the name of a person or book.

Itopalucky:
By S.T Yenge Esq.

Section 305 of the Constitution FRN 1999 is a very powerful weapon in the hands of a Nigerian President in extraordinary circumstances to temporarily suspend the powers of a state functionary in order to arrest the tendency of breakdown of law and order in a particular state.

This power is unquestionable because it is usually exercised in extreme situations where alternative remedies proved abortive.

Where this power is exercised,even the courts are powerless except due process is not followed at all.

But even at that the doctrine of necessity would come into place to remove the irregularities.

In Nigeria, attempts were made in 1962 to challenge the declaration of state of emergency before the courts of law in Nigeria but all the cases failed and the cases were all dismissed in favour of the proponent of declaration of state of emergency ( then,the parliament). See Williams v Majekodumi (1962)1All NLR 413 and Adegbenro v Attorney General of the Federation (1962) WNLR 150 at 160.

The Supreme Court was emphatic that the Nigerian courts have no jurisdiction to question the powers exercised by the parliament relating to the declaration of state of emergency under the constitution.

So,the power exercised by President Tinubu in Rivers State under the Nigerian jurisprudence cannot even be questioned by Nigerian courts. That is the law.

It is therefore better to implore political dialogue and arrive at a political solution instead of proceeding to court for the mere purpose of wasting the precious judicial time and resource in matters this nature

There is no remedy in court in this matter.

Free legal advice to who may need it.

Chief S.T Yenge, writes from Abuja.


Source: https://naijagg.com/the-position-of-law-in-nigeria-on-declaration-of-state-of-emergency/

Fubara should just go to Court so it would be official that . An Igbo president can declare state of emergency in Lagos n appoint a Benin man to rule for 4 years

Today we all know u don't have to win Abuja to be President
Today we all know no matter the crime u commit abroad you can still be President abi


I dont won't to give yorubas room for argument when we chase them back to opposition

Tinubu saved Fubara from imminent impeachment

Fubara was on the verge of being impeached before his suspension and that is what kept Fubara from being impeached.

Fubara's supporters should be grateful to Tinubu for the timely intervention.

Well meaning people are telling him to retrace his steps
That's how it started in 1962 with SOE + suspension
If history teaches us anything at all
Tinubu should revise his books if he needs to
He is using Rivers pretext to take control of the state government when there's no breakdown of law or order + removing the duely elected gov for which the suspension is unconstitutional

The military can cite same pretext of failure of democracy
That is how it starts

Obiedun:
Your last statement does not make sense at all

kmst:
Well meaning people are telling him to retrace his steps
That's how it started in 1962 with SOE + suspension
If history teaches us anything at all
Tinubu should revise his books if he needs to
He is using Rivers pretext to take control of the state government when there's no breakdown of law or order + removing the duely elected gov for which the suspension is unconstitutional

The military can cite same pretext of failure of democracy
That is how it starts

Mo well meaning person will tell him to do that unless you want to destroy the state. Perhaps you and your co-teavellers want breakdown of laws and orders in the state. Where were you and your cohorts all this while? What steps were the babblers taken to prevent breakdown of laws and orders? The state of emergency has come to stay. It will last 6 months. It can even be extended if there is no improvement.