by Godwin Orozo ~
The Supreme Court has upheld the constitutional power of the president to declare a state of emergency in any part of the country facing a serious threat to public order, safety, or effective governance.
In a unanimous ruling, the apex court held that the authority may be invoked “to forestall a breakdown of law and order or to prevent a situation from degenerating into chaos or anarchy,” stressing that the power is firmly rooted in the Constitution.
The justices noted that emergency powers are designed to protect national stability and preserve democratic governance during periods of grave crisis. However, the court cautioned that such powers must not be exercised arbitrarily.
“Emergency rule is permissible only under exceptional circumstances,” the court said, adding that it may be invoked only when “existing institutions and normal governance mechanisms have proved incapable of containing an escalating situation.”
According to the ruling, a declaration of emergency is a last-resort measure intended “to restore order and ensure the continuity of constitutional government,” and not a tool to undermine democratic principles or the rule of law.
The judgment reinforces the president’s constitutional discretion to respond to extraordinary threats, while emphasizing the need for restraint, proportionality, and strict adherence to constitutional safeguards in the exercise of emergency powers.
