The Supreme Court has affirmed President Bola Tinubu’s authority to declare a state of emergency in any part of Nigeria to prevent a breakdown of law and order. The ruling also confirmed the president’s power to suspend elected officials within a limited period. The decision came from a suit filed by Adamawa and 10 other PDP-led states challenging the March emergency declared in Rivers State.
Mohammed Idris, reading the majority judgment, stated that Section 305 of the 1999 Constitution grants the president discretion to determine measures during a state of emergency. In a 6-1 split ruling, the apex court upheld the president’s power to temporarily suspend governors, deputies, and lawmakers during such emergencies. The Rivers emergency, which lasted six months, had been lifted in September.
The PDP-led states had argued that the suspension of Rivers officials overstepped constitutional bounds. The Supreme Court, however, dismissed their suit, affirming that the president acted within his constitutional mandate. “The president can suspend elected officials within a limited period,” Idris emphasized. The judgment reinforces executive authority during emergencies, setting a precedent for future cases involving national security and governance.