The Supreme Court on Monday affirmed the constitutional authority of the President to declare a state of emergency in any state to prevent a breakdown of law and order.
In a split decision of six to one, a seven-member panel also upheld the suspension of elected officials in states under emergency rule, while noting such measures must be limited in duration.
The judgment followed the dismissal of a suit filed by 11 opposition-controlled states challenging President Bola Tinubu’s actions in Rivers State. The states argued that the suspension of the governor, deputy governor, and members of the State House of Assembly was unconstitutional.
The plaintiffs contended that sections 1(2), 5(2), 192(4)(6), and 305 of the 1999 Constitution, as amended, did not empower the President to suspend democratically elected officials under the guise of emergency rule.
The suit named the Attorney General of the Federation and the National Assembly as defendants. The states sought declarations that the suspension of Governor Siminalaye Fubara, his deputy, and the Rivers State Assembly was illegal and unconstitutional.
Delivering the majority judgment, Justice Mohammed Idris said section 305 of the Constitution grants the President discretion to take extraordinary measures to restore normalcy in states under emergency rule.
The court also upheld preliminary objections filed by the defendants, ruling that the plaintiffs failed to establish a cause of action or demonstrate an actionable dispute requiring the Supreme Court’s original jurisdiction.
The panel emphasized that the Supreme Court can exercise original jurisdiction only in disputes between the federal government and a state, and the case did not meet this criterion.
Justice Obande Ogbuinya dissented, arguing that while the President can declare a state of emergency, this power does not extend to suspending elected officials, including governors and legislators.
The ruling comes after President Tinubu declared a six-month state of emergency in Rivers on March 18, appointing Vice Admiral Ibok-Ete Ibas as Sole Administrator. The action had received backing from both the Senate and the House of Representatives, prompting the PDP-led states to challenge it in court.
