₦airaland Forum

Welcome, Guest: RegisterLoginWith GoogleTrendingRecentNew

Stats: 3,328,683 members, 8,436,897 topics. Date: Wednesday, 01 July 2026 at 12:34 AM

Toggle theme

President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules - Politics (5) - Nairaland

Nairaland ForumNairaland GeneralPoliticsPresident Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules (20268 Views)

1 2 3 4 5 6 7 Reply (Go Down)

Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by reddingtonblack: 2:25pm On Dec 15, 2025
casualobserver:
I said it at the time that many Nigerians speak but don’t understand English.

When something is an “emergency” it means normal rules and rights are suspended.

Moreso if the elected official himself is the root of the problem.
Please don't insult our intelligence any further, Supreme court only played Clever by half with the Judgement

We know President can invoke SOE buh the clause says there Must be "crisis" visible to everyone

What make Tinubu SOE of emergency invalid and abuse of power was that there was no "crisis" to begin with, the president lied they bombed pipeline which is completely false

I expect the Supreme court to query the "Crisis" thats prompted the president action.. did any investigation showed anarchy, chaos or disstability to public peace in Rivers to warrant SOE

Dont just read back the law to us, there was no crisis, Amaechi and wike once had series of fight in Rivers, Buhari did not declare SOE
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Inspirer1: 2:25pm On Dec 15, 2025
Precedence laid already....any body can stir up disagreements that can lead to the declaration of suspension/SOE.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Mrhonesty: 2:27pm On Dec 15, 2025
Have you read the section of the constitution that empowers the president to do so.


quote author=vicdom post=137801935]Chai! Supreme Court these days has been totally emasculated by the executive power. Supreme Court has never been this controlled by any executive power since Nigerian history. Omo, Tinubu is very strong eeh. As a matter of fact, after Tinubu's exit from the office, he will sustain as a Godfather to the subsequent presidents as much as he wants, or maybe till his death. I comot cap for this man, his fist is very firm to hold anything.[/quote]
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by BondRiv: 2:27pm On Dec 15, 2025
Nteogwuija:
Precedent is now set. Successive presidents have taken note.

On a second thought, why are our laws open to discretions and loopholes for circumvention?

Lawyers and others conversant with the law, could you be kind to educate us?
The Supreme Court has the power to overrule its previous decision. There is a precedent now, but it can change in the future. It depends on the circumstances of the case, not just the law. Procedurial misstep can lead to the loss of a case. Everything is important. Some laws are somewhat ambiguous, so in such situations, arguments will be made by lawyers from different perspectives to support their case. Just as our opinions differ, people can look at a law and analyse it based on their understanding. Ultimately, it is the judge that decides. Whatever the judge interprets is the law.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by OmoOshodi(m): 2:30pm On Dec 15, 2025
No need for an election in 2027......when the president can easily override the people's mandate........
No wonder everyone is decamping..

Nothing like go to court to seek redress


Nigeria is gone

Something needs to be done fast to rescue her

Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by JayB11(m): 2:32pm On Dec 15, 2025
Cajal:
Bear parlour judges should cover their faces in shame

6-1 split judgement is almost unanimous
Please sir, what do they mean by the 6-1 split judgementhuh
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by DeepSight(m): 2:37pm On Dec 15, 2025
Ah, gone gone gone is the Supreme Court. Such a shame.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by dejavume: 2:42pm On Dec 15, 2025
Most of the governors that challenged the state of emergency are now in APC.
The more you look,the less you see
naptu2:
https://www.channelstv.com/2025/12/15/supreme-court-upholds-presidents-power-to-declare-emergency-rule-suspend-elected-officials/
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Kukutente23: 2:53pm On Dec 15, 2025
SmartyPants:
Which part of the ruling goes contrary to the law? If there is anything dangerous about it, the danger lies in the Constitution itself not in the ruling of the Court which is bound to apply the Constitution as it was written not as we imagine it should be.
So where is it written in the Constitution that the President can suspend the gov
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by hotwax: 2:54pm On Dec 15, 2025
So if the ruling party want to take an opposition governor's seat, all they need to do is to sponsor some random people to start fighting the governor.

THen the president can come out to declare state of emergency and take over that state.

We will remember this oooo when another party take advantage of it. And the names of these judges and their family members should be well documented so we can remember them, when it happens.

The future is not far na. Humans think power is forever...infact power can shift tomorrow morning ask Gadaffi and saddam hussein
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by themanderon: 2:54pm On Dec 15, 2025
Good thing is there is always tomorrow. The same judgements the executive is enabling today will be used against them tomorrow. Let's watch n see.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Kukutente23: 2:54pm On Dec 15, 2025
DeepSight:
Ah, gone gone gone is the Supreme Court. Such a shame.
Very tardy judgement!
Imagine giving the President the fiat to kick out a gov as long as NASS agrees with him on
Even the NASS do not have the powers to impeach a gov
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by DeepSight(m): 3:00pm On Dec 15, 2025
Kukutente23:
Very tardy judgement!
Imagine giving the President the fiat to kick out a gov as long as NASS agrees with him on
Even the NASS do not have the powers to impeach a gov
+
It's sickening.
Don't they understand the far reaching implications?

Do those tools not understand that a future president can rest on that judgment to suspend even all 36 governors for the whole of his term if he so pleases?

Oh gosh. Shame upon shame.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by TokoEkambi: 3:00pm On Dec 15, 2025
aceman88:
It should be on records that a particular ethnic group destroyed this country as a result of greed and nepotism.

Continue to protect the interest of your kinsman over and above the interest of the country.

That's why he positioned his kinsmen in every critical and sensitive sector of the country, from military to economy, to judiciary, etc. continue.
You don't expect anyone to hear what you're saying with the amount of weeping you're doing.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by SmartyPants(m): 3:02pm On Dec 15, 2025
Kukutente23:
So where is it written in the Constitution that the President can suspend the gov
It doesn't have to be. There is a blanket power to declare a State of Emergency. The legal effect of declaring a state of emergency is the suspension of the Constitutional order. So it is not that the powers of the president during a state of emergency should be listed (it is impliedly unlimited), rather the limitations to that power are what should be listed. And there's only one express limitation, which means, by the canons of legal interpretation, no other thing that is not listed is excluded from the President's powers in a state of emergency.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Kukutente23: 3:03pm On Dec 15, 2025
DeepSight:
+
It's sickening.
Don't they understand the far reaching implications?

Do those tools not understand that a future president can rest on that judgment to suspend even all 36 governors for the whole of his term if he so pleases?

Oh gosh. Shame upon shame.
That is the fruit of corruption you're seeing. The day I got to know that state govs especially of ruling parties usually lobby for judges they are in tune with to be elevated to the appellate court is the day I knew the future of the Nigerian judiciary will be a mess
At the end, nothing kills democracy faster than corruption. It's obvious democracy is not made for African countries
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by discusant: 3:07pm On Dec 15, 2025
Dictatorship. We are getting there through the rulings of the Supreme court.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Kukutente23: 3:08pm On Dec 15, 2025
SmartyPants:
It doesn't have to be. There is a blanket power to declare a State of Emergency. The legal effect of declaring a state of emergency is the suspension of the Constitutional order. So it is not that the powers of the president during a state of emergency should be listed (it is impliedly unlimited), rather the limitations to that power are what should be listed. And there's only one express limitation, which means, by the canons of legal interpretation, no other thing that is not listed is excluded from the President's powers in a state of emergency.
First of all, the no declaration can imply suspension of Constitution. That's an aberration. Suspension of constitutional order simply means coup!! You can quote where the constitution says declaration of state of emergency means suspension of constitutional order. State of emergency means breakdown of law and order. It does not imply that the constitution is now suspended.
Lastly, the SC itself has previously said the only two grounds for removal of a validly elected gov as envisaged by the constitution is impeachment or resignation. Nowhere does the constitution imagine a President removing a gov either temporarily or permanently
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Image123(m): 3:11pm On Dec 15, 2025
Kukutente23:
Presidential system of government in which the states are federating units. The President does not have supervisory powers over the federating units especially when not explicitly granted by the constitution. That's a basic tenet of the Presidential system. Go and tell your agbadeau Supreme Ice cream judges that!
What a joke
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Nteogwuija(m): 3:21pm On Dec 15, 2025
BondRiv:
The Supreme Court has the power to overrule its previous decision. There is a precedent now, but it can change in the future. It depends on the circumstances of the case, not just the law. Procedurial misstep can lead to the loss of a case. Everything is important. Some laws are somewhat ambiguous, so in such situations, arguments will be made by lawyers from different perspectives to support their case. Just as our opinions differ, people can look at a law and analyse it based on their understanding. Ultimately, it is the judge that decides. Whatever the judge interprets is the law.
Oh, thanks for the explanation. I really appreciate.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by SmartyPants(m): 3:23pm On Dec 15, 2025
Kukutente23:
First of all, the no declaration can imply suspension of Constitution. That's an aberration. Suspension of constitutional order simply means coup!! You can quote where the constitution says declaration of state of emergency means suspension of constitutional order. State of emergency means breakdown of law and order. It does not imply that the constitution is now suspended.
Lastly, the SC itself has previously said the only two grounds for removal of a validly elected gov as envisaged by the constitution is impeachment or resignation. Nowhere does the constitution imagine a President removing a gov either temporarily or permanently
Lol a breakdown of law and order is the condition for declaring a state of emergency. It is not the same as the meaning and legal effect. You can Google that for better understanding please.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Dotherightthing: 3:24pm On Dec 15, 2025
Finally, Shettima will rest.

GEJ was such a SPINELESS president. angry
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by nightsaint(m): 3:25pm On Dec 15, 2025
This is now an established law. I pity the governors of States that will be controlled by opposition parties in the future. This APC government has completely ruined democratic governance in Nigeria.

naptu2:
https://www.channelstv.com/2025/12/15/supreme-court-upholds-presidents-power-to-declare-emergency-rule-suspend-elected-officials/
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Dotherightthing: 3:25pm On Dec 15, 2025
P11ggs and co-travellers go wail tire cheesy

P11gss amakkaarrr cheesy
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Christistruth00: 3:29pm On Dec 15, 2025
GerogeI:
Just do not find yourself out of power, cause it will cost you dearly.
It is you it will cost very dearly because we would still be Senate President
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Vision101(m): 3:30pm On Dec 15, 2025
ddippset:
So you still don't know that people are not against the declaration of SOE but they are against the removal of the Governor?

Is it that you don't know or you are just pretending??
Would you ask the governor to stay but insist on the legislature going? Would you declare a state of emergency and ask both to stay and run normal apparatus of government? What is the difference? Would you ask the governor to stay but you strip him of his powers. What is a statement of emergency with the governor and legislature exercising normal powers?
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by naptu2(op): 3:33pm On Dec 15, 2025
nightsaint:
This is now an established law. I pity the governors of States that will be controlled by opposition parties in the future. This APC government has completely ruined democratic governance in Nigeria.
Now?

Western Region (1962)

Plateau State (2004)

Ekiti State (2006)
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by NewHe: 3:37pm On Dec 15, 2025
Cajal:
Bear parlour judges should cover their faces in shame

6-1 split judgement is almost unanimous
Few days ago, the same court affirms the president has no power to grant pardon,you hailed the judges but now you're attacking same Apex judges? I don't understand the type of people una be o!
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Kukutente23: 3:38pm On Dec 15, 2025
SmartyPants:
Lol a breakdown of law and order is the condition for declaring a state of emergency. It is not the same as the meaning and legal effect. You can Google that for better understanding please.
The meaning and legal effect does not imply suspension of constitutional order as well. Suspension of constitutional order simply means a coup. Only a coup suspends the constitution. The constitution is the raison d'etre of govt itself. So no govt has the power to suspend the constitution. Google it for better understanding please
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by NewHe: 3:38pm On Dec 15, 2025
vicdom:
Chai! Supreme Court these days has been totally emasculated by the executive power. Supreme Court has never been this controlled by any executive power since Nigerian history. Omo, Tinubu is very strong eeh. As a matter of fact, after Tinubu's exit from the office, he will sustain as a Godfather to the subsequent presidents as much as he wants, or maybe till his death. I comot cap for this man, his fist is very firm to hold anything.
Few days ago, the same court affirms the president has no power to grant pardon,you hailed the judges but now you're attacking same Apex judges? I don't understand the type of people una be o!
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by NewHe: 3:39pm On Dec 15, 2025
SouthSouth1914:
Supreme Court now a tool in politicians pocket. Such a shame and bad time to be a lawyer.
Few days ago, the same court affirms the president has no power to grant pardon,you hailed the judges but now you're attacking same Apex judges? I don't understand the type of people una be o!
1 2 3 4 5 6 7 Reply

How A President Can Declare State Of Emergency In A StateOnly The House Can Declare Seat Vacant, Not The Governor - Supreme CourtRestructuring: No President Can Solve Nigeria Problem Without Doing This234

Man Treks From Lagos To Lokoja For Yahaya Bello (Photo)Sanwo-Olu Declares Free BRT Rides, Toll On Christmas, New Year Days#twitterban: Job Losses Loom, Economic Woes Worsen, NESG, Experts Warn - PUNCH