The Supreme Court on Monday affirmed the constitutional authority of the President to declare a state of emergency to avert a breakdown of law and order in any state. In a six-to-one split decision, the apex court upheld the President’s power to suspend elected officials, provided the suspension is confined to a limited period. This action is deemed necessary to prevent the situation from degenerating into chaos or anarchy, the court stressed.
The ruling 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 President lacked the statutory power to suspend a serving governor, deputy governor, and members of the State House of Assembly following an emergency proclamation. The majority judgment, delivered by Justice Mohammed Idris, held that Section 305 of the Constitution grants the President discretion for extraordinary measures.
However, the Supreme Court ultimately dismissed the case for lack of jurisdiction, ruling the plaintiffs failed to establish an actionable dispute between the federation and the states. One panel member, Justice Obande Ogbuinya, gave a dissenting verdict, holding that while the President can declare an emergency, he cannot use that power to suspend elected officials