By Deborah Nnamdi
The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state to avert a breakdown of law and order or prevent a descent into chaos or anarchy.
In a split decision of six to one, the apex court held that the President may, during a state of emergency, suspend elected officials, provided such suspension is for a limited period.
Delivering the lead majority judgment, Justice Mohammed Idris ruled that Section 305 of the 1999 Constitution empowers the President to deploy extraordinary measures to restore normalcy once emergency rule is proclaimed. He noted that the provision does not expressly define the nature of such extraordinary measures, thereby vesting the President with discretion on how best to address the emergency.
The judgment arose from a suit instituted by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP), which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State. The declaration led to the suspension of elected state officials, including Governor Siminalayi Fubara, for six months.
Earlier in the judgment, Justice Idris upheld the preliminary objections raised by the defendants—the Attorney General of the Federation and the National Assembly—against the competence of the suit. He held 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. Notwithstanding this, Justice Idris proceeded to consider the substantive issues raised and dismissed the case on its merits.
However, Justice Obande Ogbuinya delivered a dissenting opinion, holding that while the President is constitutionally empowered to declare a state of emergency, such power does not extend to suspending elected state officials, including governors, deputy governors, and members of state legislatures.
Justice Ogbuinya concluded that the suit succeeded in part, disagreeing with the majority’s position on the suspension of elected officials during emergency rule.
