Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has stated that the Supreme Court did not endorse the dissolution of democratic institutions under a state of emergency.
Falana made the clarification while reacting to public interpretations of constitutional provisions on emergency rule, stressing that democratic structures such as elected legislatures and local government councils cannot be lawfully dissolved under the guise of emergency powers.
According to him, while the Constitution empowers the President to declare a state of emergency in extreme situations, it does not authorise the suspension or dissolution of democratic institutions created by the Constitution.
He explained that the Supreme Court, in its previous rulings, affirmed that emergency powers must be exercised within constitutional limits and cannot be used to undermine democratic governance or civilian rule.
Falana warned that any attempt to dissolve elected structures during an emergency would amount to a violation of the Constitution and an abuse of executive power.
He urged authorities to respect constitutional safeguards and the rule of law, noting that emergency measures are meant to restore order, not dismantle democracy.
The statement comes amid renewed debate over the scope of emergency powers and concerns about the protection of democratic institutions in times of national crisis.
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