The Supreme Court has affirmed the President’s constitutional authority to declare a state of emergency in any state to avert a collapse of law and order or a slide into chaos.
In a six to one split decision, the apex court ruled that while the President may suspend elected officials during an emergency, such suspension must be for a strictly limited period.
Delivering the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to adopt extraordinary measures to restore stability once emergency rule is proclaimed. He noted that the provision does not define the scope of those measures, thereby granting the President discretion on how to act.
The ruling arose from a suit filed by Adamawa State and ten other Peoples Democratic Party governed states, which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State. The emergency proclamation led to the suspension of elected officials, including Governor Siminalayi Fubara, for six months.
Justice Idris first upheld preliminary objections raised by the Attorney General of the Federation and the National Assembly, ruling that the plaintiffs failed to disclose a cause of action capable of invoking the Supreme Court’s original jurisdiction. He consequently struck out the suit for lack of jurisdiction, but went on to consider the substantive issues and dismissed the case.
Justice Obande Ogbuinya dissented, holding that the suit succeeded in part. He agreed that the President has the power to declare a state of emergency, but maintained that such authority does not extend to suspending elected state officials, including governors, deputy governors, and members of the legislature.
About The Author
