The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state facing a breakdown of law and order or a descent into anarchy.
The ruling, delivered in a 6–1 split decision, followed a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP). The plaintiffs challenged President Bola Tinubu’s declaration of emergency rule in Rivers State, which included the six-month suspension of elected state officials.
In its judgment, the apex court dismissed the suit after upholding preliminary objections on jurisdictional grounds.
However, the court went further to consider the substantive issues and ultimately ruled in favour of the President’s actions.
Reading the lead judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to take “extraordinary measures” to restore peace and order during a state of emergency.
The court noted that although the Constitution does not expressly list such measures, the provision allows the President to adopt necessary actions, including the temporary suspension of elected officials, provided such steps are time-bound and aimed at restoring normalcy.
Dissenting, Justice Obande Ogbuinya maintained that while the President has the power to declare a state of emergency, this authority does not extend to the suspension of democratically elected officials, including governors, deputy governors, and members of state legislatures.
