The Supreme Court has affirmed the President’s constitutional authority to declare a state of emergency in any state to prevent a breakdown of law and order or a slide into chaos and anarchy.
In a split decision of six to one delivered on Monday, the apex court held that the President may suspend elected state officials during a state of emergency, provided such suspension is for a limited period.
Delivering the lead majority judgment, Justice Mohammed Idris ruled that Section 305 of the 1999 Constitution empowers the President to deploy extraordinary measures to restore normalcy where a state of emergency has been declared. He noted that the provision does not expressly define the nature of such measures, thereby granting the President discretion on how to act in emergency situations.
The judgment arose from a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP), challenging the propriety of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected state officials were suspended for six months.
Justice Idris first upheld the preliminary objections raised by the defendants—the Attorney General of the Federation (AGF) and the National Assembly—against the competence of the suit. He held that the plaintiffs failed to disclose any cause of action capable of invoking the Supreme Court’s original jurisdiction.
Consequently, the suit was struck out for want of jurisdiction. However, the court went further to consider the substantive issues raised and dismissed the case on the merits.
In a dissenting judgment, Justice Obande Ogbuinya held that while the President has the constitutional power to declare a state of emergency, such power does not extend to the suspension of elected state officials, including governors, deputy governors, and members of state assemblies.
According to Justice Ogbuinya, the case succeeded in part, as the suspension of elected officials, in his view, was unconstitutional.
More details are expected to follow.