The Supreme Court of Nigeria has affirmed that the president possesses constitutional authority to declare a state of emergency in any state of the federation to prevent the breakdown of law and order or the escalation of crisis into anarchy or chaos.
In a 6–1 majority decision, the apex court ruled that the President may, during a state of emergency, temporarily suspend elected officials, provided that such suspensions are carried out within a limited and reasonable period.
Delivering the lead judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution (as amended) empowers the President to take extraordinary measures necessary to restore peace and stability when emergency rule is proclaimed.
“Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared,” Justice Idris stated.
He further observed that the constitutional provision does not explicitly define the scope of such “extraordinary measures,” thereby granting the President broad discretionary powers to determine appropriate actions in an emergency situation.
Background of the Case
The judgment followed a suit filed by Adamawa State and ten other Peoples Democratic Party (PDP)-led states challenging the legality of the state of emergency declared by President Bola Tinubu in Rivers State. The declaration led to the six-month suspension of elected state officials, including Governor Siminalayi Fubara.
Before addressing the substantive issues, Justice Idris upheld the preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, who were listed as defendants.
The court ruled that the plaintiffs failed to establish a valid cause of action capable of invoking the Supreme Court’s original jurisdiction, thereby rendering the suit incompetent.
Justice Idris consequently struck out the case for lack of jurisdiction but proceeded to address the substantive issues, ultimately dismissing the suit in its entirety.
The Dissenting Opinion
In a dissenting judgment, Justice Obande Ogbuinya disagreed with the majority’s interpretation, holding that the President’s powers under Section 305 do not extend to the suspension of democratically elected officials.
“Although the President could declare a state of emergency, the President could not use such power as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament,” Justice Ogbuinya ruled.
The decision marks a significant judicial clarification of the scope of presidential emergency powers and sets a precedent on how far the executive can go in managing constitutional crises within the states.
Further details of the judgment are expected to be released in due course.
