Supreme Court on Monday affirmed the president’s constitutional power to impose a state of emergency in any state to avert a collapse of law and order, including the temporary suspension of elected officials.
The decision, reached by a 6-1 majority, stemmed from a legal challenge against President Bola Tinubu’s emergency decree in Rivers State, where Governor Siminalayi Fubara and other officials were sidelined for six months amid escalating political tensions.
Delivering the lead judgment, Justice Mohammed Idris emphasized that Section 305 of the Constitution allows the president to enact “extraordinary measures” to restore stability during such crises. “Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared,” Idris stated.
He further clarified that while the provision does not detail specific actions, it grants the president discretion in implementation, noting: “Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.”6424b
The suit was brought by Adamawa State and 10 other states governed by the opposition Peoples Democratic Party (PDP), contesting the validity of Tinubu’s actions in Rivers. The court also upheld preliminary objections from the Attorney General of the Federation and the National Assembly, dismissing the case for lack of jurisdiction before addressing its merits.
In a dissenting opinion, Justice Obande Ogbuinya argued that while the president may declare an emergency, this authority does not extend to suspending key elected figures. “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,” Ogbuinya ruled.
