The Limits of Presidential Discretion: Evaluating the Invocation of Emergency Powers Under Section 305 of the Nigerian Constitution

Abstract

This paper examines the constitutional boundaries of executive power in Nigeria, focusing on the tension between national security frameworks and sub-national autonomy during a state of emergency. The study evaluates whether the presidential authority to deploy "extraordinary measures" under Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) includes an implied power to suspend or remove democratically elected state officials. Utilizing a doctrinal and comparative legal research methodology, this paper conducts a textual analysis of the constitutional framework, reviews historical precedents of central intervention, and critiques the landmark December 2025 Supreme Court split decision in AG Adamawa State & Ors v. AG Federation & Anor. It also provides a comparative analysis of Article 356 of the Indian Constitution ("President's Rule") to highlight potential judicial safeguards. The paper argues that while Section 305 grants the President broad discretion to manage severe public crises, it lacks explicit text permitting the removal of sub-national executives. Furthermore, the explicit prohibition in Section 11(4) barring legislative removals of governors, combined with the exclusive impeachment path under Section 188, creates a strong constitutional presumption against implied executive ousters. The 2025 majority decision holding state executive powers "in abeyance" represents a dangerous shift toward executive overreach that threatens the foundation of Nigerian federalism. The study aligns with the robust dissent of the 2025 Supreme Court ruling, concluding that leaving "extraordinary measures" undefined invites constitutional abuse. It recommends an urgent constitutional amendment to Section 305 to explicitly protect elected state structures from suspension, alongside the adoption of a judicial proportionality test modeled after India’s S.R. Bommai jurisprudence.