The Supreme Court has upheld the constitutional power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or descent into chaos. The decision was delivered on Monday in a split verdict of six justices to one.
In the lead judgment, Justice Mohammed Idris ruled that Section 305 of the Constitution empowers the President to take extraordinary measures to restore normalcy once emergency rule is declared. He said the provision does not specify the nature of such measures, giving the President discretion, provided any suspension of elected officials is for a limited period.
The judgment arose from a suit filed by Adamawa State and ten other Peoples Democratic Party led states challenging the state of emergency declared by President Bola Tinubu in Rivers State. The emergency declaration led to the suspension of elected officials, including Governor Siminalayi Fubara, for six months.
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Justice Idris upheld preliminary objections by the Attorney General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a cause of action within the court’s original jurisdiction. The suit was struck out and dismissed on the merits, although Justice Obande Ogbuinya dissented, holding that while the President may declare a state of emergency, elected state officials cannot be suspended under such powers.
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