The Supreme Court has upheld the President’s power to declare a state of emergency in any state to prevent a collapse of law and order or descent into chaos.
In a split decision of six-to-one on Monday, the apex court ruled that while the President can suspend elected officials during an emergency, such measures must be temporary and limited in duration.
Justice Mohammed Idris, delivering the lead judgment, cited Section 305 of the Constitution, emphasizing that it grants the President discretion to take extraordinary measures necessary to restore normalcy during an emergency.
He noted that the Constitution does not specify the exact nature of these measures, allowing flexibility in implementation.
The case arose from a suit filed by Adamawa and ten other states governed by the Peoples Democratic Party, challenging the suspension of elected officials in Rivers State following the declaration of emergency by President Bola Tinubu.
Justice Idris also upheld preliminary objections from the Attorney General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a cause of action that could invoke the Supreme Court’s original jurisdiction. Consequently, the suit was struck out, though the Court proceeded to examine the case on its merits, ultimately dismissing it.
Dissenting, Justice Obande Ogbuinya argued that while the President may declare a state of emergency, using such authority to suspend elected governors, deputy governors, and state lawmakers was inappropriate, stating that the measure overstepped constitutional limits.
The ruling confirms the federal government’s legal framework for responding to crises while highlighting the limits of executive power over elected officials.
