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President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules - Politics (6) - Nairaland

Nairaland ForumNairaland GeneralPoliticsPresident Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules (20205 Views)

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Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by CaptainFM1: 3:43pm 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.
I'm not referring to just the ruling. The ruling is a climax of the whole charade. When the constitution says the "Senate shall vote" it doesn't refer to "Aye and Nay". The judiciary simply enabled the charade by making it an academic exercise long after fruition of the emergency rule. We have a caged and bought over judiciary system.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Taribo1973: 3:46pm On Dec 15, 2025
So extra ordinary measure means suspending elected officials. Where are we heading to as a country that things like these will be happening in Nigeria.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by SmartyPants(m): 3:48pm On Dec 15, 2025
CaptainFM1:
I'm not referring to just the ruling. The ruling is a climax of the whole charade. When the constitution says the "Senate shall vote" it doesn't refer to "Aye and Nay". The judiciary simply enabled the charade by making it an academic exercise long after fruition of the emergency rule. We have a caged and bought over judiciary system.
I agree on the bold. That was a sham.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by dederocs(m): 4:09pm On Dec 15, 2025
We expect the president to deploy extraordinary measures in states ravaged by terrorism and killer jihadists.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by aribisala0(m): 4:13pm 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.
Very destructive people
January 15th 1966 we will never forget
Iboe coup
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by EngineerOloye: 4:13pm On Dec 15, 2025
When OBJ suspended the Governor of Ekiti State, even without declaring state of emergency... Why weren't you guys crying foul play?
Now, the same thing, and they even took it to court, but since the outcome isn't what you want, it's hogwash abi?
U guys are playing

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.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by aribisala0(m): 4:14pm On Dec 15, 2025
CaptainFM1:
I'm not referring to just the ruling. The ruling is a climax of the whole charade. When the constitution says the "Senate shall vote" it doesn't refer to "Aye and Nay". The judiciary simply enabled the charade by making it an academic exercise long after fruition of the emergency rule. We have a caged and bought over judiciary system.
They were supposed to engage INEC and use BVNs
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by CaptainFM1: 4:19pm On Dec 15, 2025
aribisala0:
They were supposed to engage INEC and use BVNs
Jokes like this makes me to be more worried about the Nigerian youths whose future are being wasted, yet they care not.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by lezz(m): 4:31pm On Dec 15, 2025
Kukutente23:
You've been blockked by the Op thus you can't see his comments and topics
I can see the comments but the topic
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by ddippset(m): 4:36pm On Dec 15, 2025
Guestmale:
Was this the first time a governor is removed?
Let's continue to pretend we are practicing democracy and then ride on with our animalistic mentality..

Even without resorting to legalities, for anyone to imagine that an elected President can remove an elected Governor is sad, mind boggling, unfortunate!


Don't worry, one day another country's President will declare a state of emergency in another country when the leader is unable to prevent killings and anahilation of his citizens...

Trump already gave a warning.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by ddippset(m): 4:37pm On Dec 15, 2025
EngineerOloye:
When OBJ suspended the Governor of Ekiti State, even without declaring state of emergency... Why weren't you guys crying foul play?
Now, the same thing, and they even took it to court, but since the outcome isn't what you want, it's hogwash abi?
U guys are playing
How do you know they weren't crying foul play then?

Did you know them at the time?



What sort of childish assumption is this?
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by ddippset(m): 4:41pm On Dec 15, 2025
Vision101:
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?
No Emergency rule was necessary in Rivers, there was no serious security issues like we've seen in Zamfara, Sokoto, Katsina, Benie, Plateau.

Stop defending absurdity and illegality..

If Tinubu felt the Governor was at fault all he had to do was allow for his lawful impeachment and another Governor brought in.

If the assembly was at fault all that was needed was for the Senate and Reps to assume the legislative functions of the state and work with Fubara..


Stop giving hypocritical excuses for Tinubu's impunity.


And by the way who's going to remove Tinubu for all the insecurities that have claimed thousands of lives under his watch?

Abi was he elected to be God of Nigeria who can only remove Governors?

If a Governor can be remotely not a President?
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Vision101(m): 5:22pm On Dec 15, 2025
ddippset:
No Emergency rule was necessary in Rivers, there was no serious security issues like we've seen in Zamfara, Sokoto, Katsina, Benie, Plateau.

Stop defending absurdity and illegality..

If Tinubu felt the Governor was at fault all he had to do was allow for his lawful impeachment and another Governor brought in.

If the assembly was at fault all that was needed was for the Senate and Reps to assume the legislative functions of the state and work with Fubara..


Stop giving hypocritical excuses for Tinubu's impunity.


And by the way who's going to remove Tinubu for all the insecurities that have claimed thousands of lives under his watch?

Abi was he elected to be God of Nigeria who can only remove Governors?

If a Governor can be remotely not a President?
Have you heard fubara thank PBAT for saving his job? If fubara was impeached do you think that his supporters and lovers would have kept quiet. Wouldn't there have been major crisis in Rivers? Wouldn't it have been better to be proactive and avoid losses?
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by oyeb15: 5:29pm On Dec 15, 2025
They should also rule that Inec should not conduct any election in 2027. That d president should appoint officials
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by ufotunang: 5:58pm 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.
... what did Nigerians expect..when Tinubu and Wike are building houses for judges ..all this is to get favourable judgement from the courts

It's a pity
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by ufotunang: 6:03pm On Dec 15, 2025
Vision101:
Have you heard fubara thank PBAT for saving his job? If fubara was impeached do you think that his supporters and lovers would have kept quiet. Wouldn't there have been major crisis in Rivers? Wouldn't it have been better to be proactive and avoid losses?
..so the killings and deaths of innocent Nigerians by bandits and terrorists in zamfara, Kwara, Benue, plateau, borno , sokoto and other states are not losses ?
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Khallicopyro: 6:03pm On Dec 15, 2025
What do you expect from the same judges that were busy singing the "on your mandate we shall stand" song some days ago
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by ufotunang: 6:09pm On Dec 15, 2025
kennethesan:
Is this a country?

Is this a judiciary or waste of funds?

Shouldn't all these other arms of govt be seated at home while President Tinubu does all the job since he's doing it all alone na tele
...the supreme court even said the president has the right to suspend governor, law makers and elected officials...our courts are no more independent they are now being influenced, controlled and captured by the federal government.
It's a pity
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Lovenorth: 6:13pm On Dec 15, 2025
Who will declare an emergency and suspend the elected president to restore order?
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by aribisala0(m): 6:59pm On Dec 15, 2025
CaptainFM1:
Jokes like this makes me to be more worried about the Nigerian youths whose future are being wasted, yet they care not.
Legitimate concern does not absolve you of a need to be rational
The fact that you have a conviction or belief no matter how strong the zealotry does not make you right
You must accommodate alternative perspectives

I was not joking

How does the Nigerian constitution say the senate should haven voted ? Does it prescribe a specific method
Be assured I am not swayed by your appeal to sentiments

Just tell us with a reference to some meaningful citation how the voting should have occurred
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Ikaeniyan0: 7:38pm 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?
This kin thing does not happen in Nigeria alone bro, make una dey calm down jawe
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Ikaeniyan0: 7:39pm On Dec 15, 2025
Khallicopyro:
What do you expect from the same judges that were busy singing the "on your mandate we shall stand" song some days ago
Provide evidence the judges sing the song
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by GEJDHERO: 7:45pm On Dec 15, 2025
Section 305 shid amended ..this cannot stand.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by GEJDHERO: 7:51pm On Dec 15, 2025
Section 305 should be amended ..this cannot stand.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by bentenny(m): 7:56pm On Dec 15, 2025
I wasn't expecting anything different!
Was this not the same supreme court that sentenced a farmer from Zamfara state to death for killing a killer herdsman?

How will you expect anything different when our 'scam' constitution empowers the president to select and appoint the CJN(Chief Justice of Nigeria)?

Do you expect a different ruling when the president's minister Wike is currently revoking lands illegally from owners and using the lands to build houses for federal and appeal court judges?


How can supreme court judges use a phrase 'extraordinary measures' to infer or imply that the section 305 empowers the president to suspend or remove elected officials when another constitution has stated clearly the procedures to remove elected officials?

@Fergie01
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by kennethesan(m): 8:11pm On Dec 15, 2025
Truth. This abnormality is obvious. Shameful.

ufotunang:
...the supreme court even said the president has the right to suspend governor, law makers and elected officials...our courts are no more independent they are now being influenced, controlled and captured by the federal government.
It's a pity
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Choiceone1: 8:34pm On Dec 15, 2025
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by prophetfire: 8:36pm On Dec 15, 2025
Cajal:
Bear parlour judges should cover their faces in shame

6-1 split judgement is almost unanimous
Supreme Court that belongs to Tinubu where he appointed his sidechick that has been rigging judgement for him for years as the Chief Justice.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Misterone: 9:14pm On Dec 15, 2025
ddippset:
OSo the Senate is acting as check to the President but the State Houses of Assembly are not acting as checks to the Governors?

See how you are displaying "small pikin sense" on the Internet??
Stop talking like a small pikin! Things of national interest are different for local issues. The NASS has 109 senators and 360 house of representatives members. Unlike the states that have about 20 to 30 members, the NASS is more difficult to control.
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Christistruth00: 10:22pm On Dec 15, 2025
Auxtan:
Who did he suspend?
Govs of Plateau and Ekiti
Re: President Can Declare Emergency, Suspend Elected Officials - Supreme Court Rules by Babinski: 12:00am On Dec 16, 2025
naptu2:
https://www.channelstv.com/2025/12/15/supreme-court-upholds-presidents-power-to-declare-emergency-rule-suspend-elected-officials/
When a case is struck out for want of jurisdiction, any pronouncements made in respect of the matter for which jurisdiction is lacking do not carry legal weight.

The fact that the Constitution granted extraordinary powers to the President to declare a State of Emergency does not automatically mean the President can remove Governor, Deputy Governor and House of Assembly, particularly when the same Constitution provides specific procedures for their replacement or removal.

It is usually better we see the CTC of the Judgment rather than listen to these media stories and their sensational interpretations.
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