The Supreme Court’s recent judgment affirming the President’s power to declare a state of emergency has sparked reactions, with political commentator Mahdi Shehu warning that Nigeria’s democracy is facing serious danger.
In a split decision of six to one on Monday, the apex court ruled that the President is constitutionally empowered to declare a state of emergency in any state to avert a breakdown of law and order or prevent a slide into chaos.
The court also held that during such a period of emergency, the President has the authority to suspend elected officials, though only for a limited duration.
In the lead majority judgment, Justice Mohammed Idris stated that “Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.”
Mahdi Shehu added that the section does not specify the nature of these extraordinary measures, thereby granting the President the discretion on how to go about it.
Reacting to the ruling in an exclusive interview on Monday, Mahdi Shehu expressed deep concern over what he described as unprecedented overreach by the executive.
“If the President of Nigeria can remove a sitting governor, a serving senator, or a member of the National Assembly without consulting them, then God save democracy,” Mahdi Shehu said.
He further listed a series of actions he says threaten democratic governance:
“Declaring emergency rules at will; Moving army troops out of the country without National Assembly approval.
“Resorting to local and foreign borrowing without legislative consent, granting amnesty to convicted murderers, fraudsters, and other criminals without approval, spending public money without appropriation, operating multiple budgetary appropriation laws simultaneously.
“If these powers are left unchecked, democracy in Nigeria is at the risk of collapse. Then, God save Nigeria, God save Nigerians… and to your tents, oh Israelites.”
