The Supreme Court has affirmed that President Bola Tinubu’ possesses constitutional authority to declare a state of emergency in any state to forestall a breakdown of law and order.
In a 6–1 majority ruling delivered on Monday, the apex court held that the President may, during such a period, suspend elected officials, provided the suspension is temporary.
Justice Mohammed Idris, who delivered the lead judgment, explained that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures to restore stability once a state of emergency is proclaimed.
He noted that the constitution does not spell out the exact nature of such measures, leaving the President with discretion to act as necessary.
The ruling followed a suit filed by Attorneys-General of several Peoples Democratic Party (PDP)-controlled states, challenging President Tinubu’s declaration of emergency in Rivers State.
The states involved in the suit were Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
They sought clarification on whether the President could lawfully suspend governors, deputies, or state assemblies under the guise of emergency powers.
Justice Idris upheld preliminary objections raised by the Attorney-General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a valid cause of action to invoke the Supreme Court’s original jurisdiction.
The suit was struck out for lack of jurisdiction, but Idris went further to dismiss the substantive claims on merit.
However, in a dissenting opinion, Justice Obande Ogbuinya agreed that while the President can declare a state of emergency, such powers cannot extend to suspending elected officials, including governors, deputies, and legislators.
