The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state of the federation to avert a breakdown of law and order or a descent into chaos and anarchy.
In a split decision of six to one, the apex court held that the President may, during a state of emergency, suspend elected state officials, provided such suspension is for a limited and clearly defined period.
Delivering the lead judgment, Justice Mohammed Idris ruled that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures necessary to restore peace and stability whenever emergency rule is declared. He noted that the section does not expressly define the scope of such extraordinary measures, thereby granting the President discretion on how best to respond to the emergency situation.
The judgment arose from a suit filed by Adamawa State and 10 other PDP-governed states, which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected officials—including Governor Siminalayi Fubara—were suspended for six months.
Justice Idris first upheld the preliminary objections raised by the Attorney General of the Federation and the National Assembly, holding that the plaintiffs failed to disclose a valid cause of action capable of invoking the Supreme Court’s original jurisdiction. Consequently, he struck out the suit for want of jurisdiction.
Notwithstanding this finding, the court proceeded to consider the substantive issues and dismissed the suit on the merits, thereby validating the President’s actions.
However, Justice Obande Ogbuinya delivered a dissenting judgment, holding that while the President has the constitutional power to declare a state of emergency, such power does not extend to suspending elected officials, including governors, deputy governors, and members of state assemblies.
The ruling clarifies the scope of presidential emergency powers, while also highlighting ongoing judicial debate over the limits of executive authority under emergency rule.
