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Supreme Court Backs President’s Power On Emergency Rule And Temporary Suspension Of Elected Officials

The Supreme Court has upheld the President’s constitutional power to declare a state of emergency in any state where there is a threat of breakdown of law and order or a slide into chaos and anarchy. In a majority decision of six to one delivered on Monday, the court ruled that such a declaration can include suspending elected officials, provided the suspension is for a limited time and strictly tied to restoring normalcy.​ Delivering the lead judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures once emergency rule is proclaimed. He noted that the section does not specify the exact nature of those measures, giving the President discretion on how best to stabilise the affected state.​ The case arose from a suit by Adamawa State and 10 other Peoples Democratic Party […]

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