Supreme Court affirms President’s power to declare State of Emergency

The Supreme Court has upheld the constitutional power of the President to declare a state of emergency in any state of the federation in order to prevent a breakdown of law and order or a slide into chaos and anarchy.

In a split decision of six-to-one, the apex court ruled that the President, during a state of emergency, has the authority to suspend elected officials, but stressed that such suspension must be for a limited and reasonable period.

Delivering the lead majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to deploy extraordinary measures to restore normalcy whenever emergency rule is declared.

Justice Idris noted that Section 305 does not expressly define the nature or scope of such extraordinary measures, thereby granting the President a measure of discretion on how to address emergency situations.

The ruling followed a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-controlled states, which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State. The declaration led to the suspension of elected state officials, including Governor Siminalayi Fubara, for six months.

In the earlier part of the judgment, Justice Idris upheld the preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, who were listed as defendants in the suit.

The court held that the plaintiff states failed to establish a valid cause of action capable of invoking the Supreme Court’s original jurisdiction. Consequently, the suit was struck out for want of jurisdiction.

Despite striking out the case, the apex court proceeded to consider the substantive issues raised and dismissed the suit on its merits, effectively validating the President’s actions under the emergency declaration.

However, the decision was not unanimous. Justice Obande Ogbuinya delivered a dissenting judgment, holding that while the President has the constitutional power to declare a state of emergency, such authority does not extend to the suspension of elected state officials.

According to the dissenting opinion, the President cannot lawfully suspend governors, deputy governors, or members of state legislatures under the guise of emergency rule.

The judgment has far-reaching implications for Nigeria’s federal structure, clarifying the scope of presidential powers during emergency situations while raising renewed debate on the limits of executive authority.