Attorney-General of the Federation, Lateef Fagbemi (SAN), has praised the Supreme Court ruling affirming the President’s emergency powers, describing the decision as a landmark that reinforces the rule of law and democracy in Nigeria.
In a statement issued on Tuesday by the Senior Assistant to the President on Communication and Publicity in the office of the AGF and Minister of Justice, Fagbemi said the judgment consolidates Nigeria’s jurisprudence and removes any doubts regarding the legality of the President’s actions.
“The landmark judgment has further strengthened the nation’s jurisprudence and added another vital ingredient to consolidate its democracy”, Fagbemi said. He also congratulated all parties involved, noting that the outcome validated the actions of President Bola Tinubu and the National Assembly.
He assured Nigerians that the administration remains committed to upholding democratic principles and the rule of law. “Nigeria is for all,” Fagbemi emphasized.
The Supreme Court ruling followed a suit filed by 11 opposition-led states challenging the suspension of the Rivers State Governor, Deputy Governor, and members of the State House of Assembly during the state of emergency declared in March 2023.
The suit, instituted by states governed by the Peoples Democratic Party (PDP), questioned the constitutionality of the President’s actions, arguing that the 1999 Constitution does not empower the President to suspend elected state officials under the guise of emergency rule.
In a six-to-one decision, a seven-member panel of the apex court struck out the suit for lack of competence, holding that the plaintiffs failed to establish a justiciable dispute capable of invoking the Supreme Court’s original jurisdiction.
Delivering the lead judgment, Justice Mohammed Idris, noted that the Court can only exercise original jurisdiction where there is a dispute between the Federation and a state, or between states, as provided under the Constitution.
The Court further held that the plaintiff states did not demonstrate how the President’s actions directly affected them in a manner contemplated by the Constitution, effectively clearing the way for the validation of the emergency measures.
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