A Senior Advocate of Nigeria, Konyinsola Ajayi, a law professor, has stated that the National Assembly still has the power to halt President Bola Tinubu’s recent declaration of a state of emergency.
Ajayi made this assertion while analyzing the legal implications of the President’s move, which has sparked widespread public debate.
Speaking on a Arise Television, Ajayi referenced Section 305 of the 1999 Constitution, which empowers the President to declare a state of emergency.
He emphasised that the President only suspended and didn’t remove the governor.
He noted that while the President has legal backing for his decision, the National Assembly retains the authority to either approve or reject the proclamation.
“This is quite an emotive issue, and there have been strong reactions from the public against what the President has done,” Ajayi said.
“However, the key question is whether the President had any legal basis for his action, and the answer lies in Section 305 of the Constitution.”
Ajayi cited a precedent set by the Supreme Court in the case of Plateau State vs. Federal Government of Nigeria, which involved the suspension of Governor Joshua Dariye during former President Olusegun Obasanjo’s administration.
He explained that the court upheld the legality of the federal government’s intervention in that instance, indicating that the President has a legal basis for his decision.
However, Honorable Obi Eguocha, a member of the House of Representatives, disagreed with Ajayi’s position.
Eguocha argued that while the President has the authority to declare a state of emergency, he does not have the power to dissolve or suspend elected officials, including state governors and legislators.
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“In the case between the Attorney General of the Federation and the Attorney General of Lagos State in 2013, the Supreme Court ruled that under no circumstances shall the democratic structures of a state be dissolved or removed, even in a state of emergency,” Eguocha stated.
“The Constitution clearly outlines the process for removing a governor or a deputy governor under Section 188, which is through impeachment or in cases of death.”
Eguocha further emphasised that the National Assembly should play its constitutional role by reviewing the President’s declaration.
He also noted that some lawmakers have begun discussing whether the President’s actions could constitute gross misconduct warranting impeachment proceedings.
Ajayi, while acknowledging Eguocha’s concerns, clarified that Governor Siminalayi Fubara has not been removed from office but rather suspended from carrying out executive duties.
He maintained that legal precedent suggests that courts have historically been cautious in overruling a President’s emergency declaration.
“The Supreme Court has previously ruled that when it comes to matters of emergency, courts tend to defer to the President due to considerations of public safety and order,” Ajayi said.
“However, if the National Assembly rejects the declaration, then the situation changes entirely.”
Ajayi also suggested that Governor Fubara’s legal recourse would be to approach the Federal High Court rather than the Supreme Court, as individuals lack the direct right to approach the apex court in such matters.
Eguocha countered that the President overstepped his powers by swearing in a sole administrator before seeking the National Assembly’s approval, thereby undermining the legislature’s role in the process.
He argued that the National Assembly must assert its authority to prevent it if they do not agree with the decision.
With the opposition party holding significant numbers in both chambers, Eguocha expressed confidence that the National Assembly could tip the balance against the President’s move.
“The Constitution stipulates that two-thirds of the total members of the National Assembly are required for approval, not just those present at a sitting. As things stand, the President does not have the numbers,” he said.
BusinessDay reports that the National Assembly has just today to pass a resolution else the president’s declaration becomes void.
