The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state to prevent a breakdown of law and order.
The apex court also upheld the suspension of elected officials during emergency rule, while stressing that such measures must be temporary.
The ruling followed a suit filed by 11 opposition-controlled states, challenging President Bola Tinubu’s actions in Rivers State.
The states argued that the President lacked the constitutional power to suspend Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly after declaring emergency rule.
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In their petition, the states sought a declaration that the President had no powers under Sections 1(2), 5(2), 192, and 305 of the 1999 Constitution (as amended) to suspend elected officials. They described the suspension as unconstitutional, unlawful, and illegal.
Supreme Court’s Majority Ruling
The Supreme Court, in a 6-1 majority decision delivered by Justice Mohammed Idris, held that Section 305 of the Constitution grants the President discretion to take extraordinary measures to restore normalcy during a state of emergency.
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The court also dismissed the suit for lack of jurisdiction, noting that the plaintiffs failed to establish an actionable dispute between the federal government and the states.
Furthermore, the court maintained that emergency powers are designed to prevent chaos or anarchy, but must be exercised for a limited period.
Dissenting Opinion
Justice Obande Ogbuinya issued a dissenting verdict, arguing that while the President has the power to declare a state of emergency, it does not extend to suspending elected officials, including governors, deputy governors, and state legislators.
Background: Rivers State Emergency
President Tinubu had, on March 18, declared a six-month state of emergency in Rivers State. Vice Admiral Ibok-Ete Ibas was appointed as Sole Administrator to oversee the state during the period.
The suspension of Governor Fubara, his deputy, and lawmakers was later backed by both chambers of the National Assembly, prompting legal challenges from PDP-led states.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.
