The Supreme Court has affirmed the constitutional power of the President to declare a state of emergency in any state of the federation to prevent a breakdown of law and order or a descent into chaos.
In a split decision of six to one, the apex court held that the President may, during a state of emergency, suspend elected state officials, provided such suspension is for a limited and clearly defined period.
Delivering the lead majority judgment, Justice Mohammed Idris ruled that Section 305 of the 1999 Constitution empowers the President to take extraordinary measures to restore normalcy where emergency rule is declared.
Justice Idris noted that the Constitution does not expressly define the scope of such extraordinary measures, thereby granting the President discretion on the actions required to stabilise the affected state.
The ruling followed a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-controlled states, which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State.
The emergency declaration led to the six-month suspension of Governor Siminalayi Fubara, his deputy, and other elected officials.
Earlier in the judgment, Justice Idris upheld preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, ruling that the plaintiffs failed to establish a cause of action capable of invoking the Supreme Court’s original jurisdiction.
He consequently struck out the suit for lack of jurisdiction, but proceeded to also consider the substantive issues and dismissed the case on its merits.
However, Justice Obande Ogbuinya dissented, holding that while the President possesses the constitutional authority to declare a state of emergency, such power does not extend to the suspension of elected governors, deputy governors, or members of a State House of Assembly.
The judgment has significant implications for the interpretation of executive powers under emergency rule and the balance between federal authority and democratic governance at the state level
