The Supreme Court has affirmed the President’s authority to declare a state of emergency in any state to prevent a breakdown of law and order or a descent into chaos or anarchy.
In a six-to-one split decision, the apex court ruled that while the President may suspend elected officials during a state of emergency, such suspensions must be limited in duration.
In the lead judgment, Justice Mohammed Idris stated that Section 305 of the Constitution empowers the President to take extraordinary measures to restore normalcy when emergency rule is declared. He noted that the provision does not specify the nature of these measures, thereby granting the President discretion in their implementation.
The case arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-led states, challenging the state of emergency declared by President Bola Tinubu in Rivers State. During that period, elected officials, including Governor Siminalayi Fubara, were suspended for six months.
Earlier in his judgment, Justice Idris upheld preliminary objections raised by the defendants, the Attorney General of the Federation (AGF) and the National Assembly against the competence of the suit. He ruled that the plaintiffs had failed to establish a cause of action capable of invoking the Supreme Court’s original jurisdiction. Consequently, he struck out the suit for lack of jurisdiction but went on to address the merits of the case and dismissed it.
Dissenting, Justice Obande Ogbuinya held that the case succeeded in part. He argued that although the President could declare a state of emergency, this power could not be used to suspend elected state officials, including governors, deputy governors, and members of parliament.
Details later…
