Tinubu’s Emergency Proclamation Constitutional, Says Shittu

Renowned legal practitioner Wahab Shittu (SAN), has enlisted support for President Bola  Tinubu’s recent declaration of state of emergency on insecurity, saying the action was firmly supported by the 1999 Constitution.

Shittu noted that the Constitution provides clear circumstances under which a president may take extraordinary measures to safeguard public order and national security.

In a statement made available to LEADERSHIP Sunday in Abuja yesterday, he explained that the law anticipates situations requiring decisive presidential action, particularly under Sections 305(3)(c) and (d) of the Constitution.

“The president’s action is grounded in law,” he stressed, “the Constitution anticipates moments when extraordinary steps are required to restore or prevent the breakdown of public order.”

He added that the worsening security situation across the country clearly meets the threshold for such constitutional intervention.

According to him, the proclamation empowers the federal government to undertake measures that would ordinarily require lengthy administrative or legislative processes.

Shittu cited the approval for the recruitment of 20,000 additional police officers, alongside the ongoing recruitment of 30,000, as an example of extraordinary steps permitted during an emergency.

“Under normal circumstances, this would take a long time,” he said, “But the Constitution recognises that delays can worsen insecurity.”

He further explained that other emergency measures may include curfews, movement restrictions, military support to civil authorities, and expedited security procurement.

However, Shittu emphasised that the president’s powers under a state of emergency are not without limits.

“The National Assembly must approve the proclamation,” he stated, “If it is not approved within the constitutional timeframe, it lapses automatically.”

He added that certain fundamental rights, including the right to life, dignity and freedom from torture, remain protected even during an emergency.

Shittu noted that while the nation stands at a critical juncture, the Constitution provides both the authority and the boundaries within which the government must operate.

“If exercised responsibly,” he concluded, “these emergency powers could help stabilise the country and restore public confidence.”