The Supreme Court has upheld the constitutional power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or a descent into chaos and anarchy.
In a split decision of six to one, the apex court ruled that the President may suspend elected state officials during a state of emergency, provided such suspension is for a limited period.
Delivering the lead majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to deploy extraordinary measures to restore normalcy whenever emergency rule is declared. He noted that the section does not expressly define the nature of such extraordinary measures, thereby granting the President discretion on how to address the emergency situation.
The judgment arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-led states, which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State. The declaration had resulted in the suspension of elected state officials, including Governor Siminalayi Fubara, for six months.
Justice Idris first upheld the preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, who were listed as defendants in the suit. He ruled that the plaintiffs failed to establish any cause of action capable of invoking the Supreme Court’s original jurisdiction.
Consequently, the court struck out the suit for want of jurisdiction. Justice Idris, however, proceeded to consider the matter on its merits and dismissed it.
In a dissenting judgment, Justice Obande Ogbuinya disagreed with the majority decision, holding that while the President is constitutionally empowered to declare a state of emergency, such authority does not extend to suspending elected state officials. According to him, governors, deputy governors, and members of state legislatures cannot be removed or suspended under emergency powers.
