The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state to prevent a breakdown of law and order or descent into chaos.
In a split decision of six to one on Monday, the apex court upheld the President’s powers under Section 305 of the 1999 Constitution, ruling that he may take extraordinary measures to restore normalcy during a state of emergency, including the temporary suspension of elected state officials.
Delivering the lead judgment, Justice Mohammed Idris held that the Constitution empowers the President to act decisively in emergency situations, noting that Section 305 does not define the specific measures to be adopted, thereby granting the President discretionary authority.
The judgment arose from a suit filed by governors elected on the platform of the Peoples Democratic Party (PDP), challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State, during which elected officials were suspended for six months. The plaintiffs included the Attorneys-General of 11 PDP-controlled states, while the Federal Government and the National Assembly were named as defendants.
Justice Idris upheld the preliminary objections of the defendants, ruling that the plaintiffs failed to establish a justiciable dispute capable of invoking the Supreme Court’s original jurisdiction. Consequently, the suit was struck out for want of jurisdiction.
However, in a dissenting opinion, Justice Obande Ogbuinya agreed that the President can declare a state of emergency but held that such powers do not extend to suspending elected governors, deputy governors, or state legislators.
