Renowned human rights lawyer, Femi Falana (SAN), has stated that the Nigerian Constitution does not expressly grant the President powers to assume or temporarily displace the executive or legislative arms of any state. Falana made this assertion on Tuesday during an interview on Arise Television while reacting to a recent Supreme Court judgment on the declaration of a state of emergency.
According to him, unlike the constitutions of India and Pakistan, Nigeria’s Constitution only empowers the President to take extraordinary measures to restore law and order but fails to define the full extent of such powers. Falana explained that Section 305 of the Constitution confirms the President’s authority to declare a state of emergency but remains silent on whether this includes dissolving or suspending state institutions. He noted that this constitutional gap has continued to fuel legal and public debate.
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