The Supreme Court on Monday affirmed the constitutional power of the President to declare a state of emergency in any state to avert a breakdown of law and order. In a six-to-one majority decision, the apex court held that the President is empowered under Section 305 of the 1999 Constitution to take extraordinary measures, including the temporary suspension of elected officials, during such periods.
Delivering the lead judgment, Justice Mohammed Idris said the Constitution does not expressly define the scope of measures available to the President once a state of emergency is declared, thereby granting discretionary authority to restore normalcy. He ruled that any suspension of elected officials must be limited in duration and justified by prevailing circumstances threatening peace and stability.
The judgment followed a suit filed by Attorneys-General of PDP-governed states challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State. While the court upheld objections that the suit lacked jurisdictional merit, it nonetheless considered the substantive issues and dismissed the case, with Justice Obande Ogbuinya dissenting on the suspension of elected officials.