Nigeria’s Supreme Court has affirmed that the President of the Federal Republic of Nigeria has the constitutional authority to declare a state of emergency in any state where there is a clear threat of a breakdown of law and order or a descent into anarchy.
In its ruling, the apex court held that the 1999 Constitution (as amended) empowers the President to take such action in order to protect lives, maintain public safety, and preserve national stability when a state government is unable to effectively manage a severe security or governance crisis. The court emphasized that the provision is designed as an extraordinary measure to safeguard the country during extreme situations.
The Supreme Court clarified that while the declaration of a state of emergency is a presidential prerogative, it must be exercised in line with constitutional safeguards, including legislative oversight, to prevent abuse of power. The judgment reinforces the balance between executive authority and democratic accountability.
The ruling has significant implications for Nigeria’s federal structure and ongoing debates around security, governance, and the limits of executive power, especially amid rising concerns over insecurity and instability in parts of the country.