The Supreme Court on Monday affirmed the President’s constitutional power to declare a state of emergency in any state to prevent a breakdown of law and order or descent into chaos.
In a split decision of six to one, the apex court upheld the President’s authority under Section 305 of the 1999 Constitution to proclaim a state of emergency and adopt extraordinary measures to restore normalcy. The majority ruling also confirmed that elected officials may be suspended during such periods, provided the suspension is for a limited duration.
The judgment followed a suit filed by Attorneys-General from Peoples Democratic Party (PDP)-controlled states, challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu, during which elected state officials were suspended for six months. The plaintiffs argued that the action violated constitutional provisions and sought clarification on whether the President could lawfully suspend governors, deputy governors, and state legislators.
Delivering the lead majority judgment, Justice Mohammed Idris held that the Constitution vests the President with discretion in determining the nature of extraordinary measures during a state of emergency. He also upheld preliminary objections raised by the Federal Government and the National Assembly, striking out the suit for lack of jurisdiction. Nonetheless, he proceeded to dismiss the substantive issues on their merits.
Justice Obande Ogbuinya dissented, agreeing that the President has the power to declare a state of emergency but holding that such power cannot be used to suspend elected state officials, including governors, deputy governors, and members of state legislatures.
The ruling concludes a contentious legal battle and clarifies the scope of presidential authority in emergency situations, setting a significant precedent for governance and constitutional interpretation in Nigeria.
