By Ogungbayi Beedee Adeyemi
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In a decisive 6-1 split judgment, the Supreme Court on Monday affirmed the constitutional authority of the President to declare a state of emergency in any part of Nigeria to prevent a breakdown of law and order, ruling that such powers extend to the temporary suspension of elected state officials, including governors and lawmakers.
The apex court, in a lead judgment delivered by Justice Mohammed Idris, held that Section 305 of the 1999 Constitution (as amended) empowers the President to deploy “extraordinary measures” to restore normalcy during an emergency, including limited suspensions of elected officials to avert chaos.
“The section is not specific on the nature of those extraordinary measures, thereby granting the President discretion,” Justice Idris stated, emphasizing that suspensions must be time-bound and tied directly to resolving the crisis.
In the lone dissent, Justice Obande Ogbuinya agreed the President can declare an emergency but argued the power does not extend to suspending democratically elected officials.
“The President cannot use the instrument of emergency rule as a political tool to suspend elected state officials,” Justice Ogbuinya held. “The Constitution does not contemplate the removal or suspension of governors, deputy governors, or legislators under the guise of emergency powers.”
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The ruling stemmed from a suit (SC/CV/329/2025) filed by Adamawa State and 10 other PDP-governed states, challenging President Bola Tinubu’s March 2025 declaration of emergency rule in Rivers State amid a protracted political crisis.
The proclamation suspended Governor Siminalayi Fubara, his deputy, and state lawmakers for six months, appointing a sole administrator. Plaintiffs argued it violated Sections 1(2), 5(2), 176, 180, 188, and 305, seeking declarations that the President lacks authority to suspend elected governments or replace them with unelected administrators.
The court upheld preliminary objections on jurisdiction but proceeded to the merits, ultimately dismissing the suit while clarifying the scope of presidential powers.
The judgment reinforces executive authority in national security crises but sets boundaries against abuse, requiring suspensions to be “limited in duration.”
Presidency spokesman Ajuri Ngelale hailed it as “vindication of decisive leadership,” while PDP’s Debo Ologunagba decried it as “a dangerous precedent for overreach.”
Legal experts like Prof. Itse Sagay praised the clarity: “This prevents anarchy but guards democracy.”
As Nigeria grapples with insecurity and political tensions, the ruling arms the President with potent tools tempered by judicial oversight.
DDNewsOnline