Nigeria’s Supreme Court has ruled that the President has constitutional authority to declare a state of emergency in any part of the country to avert a collapse of law and order or prevent chaos.
Delivering judgment on Monday, the apex court, in a six to one split decision, held that the President may take extraordinary steps during an emergency, including the temporary suspension of elected officials, provided such action is limited in duration.
Reading the lead judgment, Justice Mohammed Idris said Section 305 of the 1999 Constitution grants the President wide powers to act decisively whenever emergency rule is declared to restore stability.
According to Justice Idris, the provision does not clearly define the scope of emergency measures, thereby giving the President discretion to determine appropriate actions based on prevailing circumstances.
The decision followed a suit instituted by Adamawa State and ten other states governed by the Peoples Democratic Party, who challenged the declaration of a state of emergency in Rivers State by President Bola Tinubu and the suspension of elected officials for six months.
Earlier in the judgment, the court upheld preliminary objections raised by the Attorney General of the Federation and the National Assembly, questioning the competence of the suit.
Justice Idris ruled that the plaintiff states failed to disclose any reasonable cause of action capable of invoking the Supreme Court’s original jurisdiction.
On that basis, the court struck out the suit for lack of jurisdiction but nevertheless went ahead to examine the substantive issues and dismissed the claims.
However, Justice Obande Ogbuinya disagreed with the majority decision in a dissenting opinion.
Justice Ogbuinya held that while the Constitution empowers the President to declare a state of emergency, such authority does not extend to suspending elected governors, deputy governors or members of state assemblies.
He concluded that the plaintiffs succeeded in part, insisting that emergency powers must not be used to override democratic structures.
