The Supreme Court has upheld the authority of the President to proclaim a state of emergency in any Nigerian state when public order is under serious threat, affirming that extraordinary steps may be taken to restore stability.
In a majority decision of six justices against one, the apex court ruled that the president is constitutionally empowered to suspend elected state officials during the period of emergency rule, provided such action is not indefinite and remains time-bound.
Delivering the lead judgment, Justice Mohammed Idris explained that Section 305 of the 1999 Constitution grants the president wide discretion once a state of emergency is declared. According to him, the provision allows the president to adopt exceptional measures to bring a situation under control, without explicitly limiting the scope of such actions.
The ruling arose from a legal challenge filed by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP), who questioned the legality of President Bola Tinubu’s declaration of a state of emergency in Rivers State.
Following the declaration, Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly were suspended for six months amid prolonged political instability. President Tinubu subsequently appointed retired Chief of Naval Staff, Ibok-Ete Ibas, as sole administrator of the state.
Justice Idris upheld objections raised by the Attorney General of the Federation and the National Assembly, ruling that the plaintiff states failed to establish a valid cause of action that could invoke the Supreme Court’s original jurisdiction. On that basis, the suit was struck out for lack of jurisdiction.
Despite striking out the case, the court went further to examine its substance and ultimately dismissed it.
However, Justice Obande Ogbuinya delivered a dissenting opinion, holding that while the president has the constitutional power to declare a state of emergency, that authority does not extend to suspending democratically elected governors, deputy governors, or lawmakers.
The emergency rule in Rivers State, declared after months of political tension, was lifted in September, six months after it was imposed.
