The Supreme Court has affirmed that the President has the constitutional authority to declare a state of emergency in any state where law and order are at risk, including the suspension of elected officials, provided such measures are temporary.
In a six-to-one decision on Monday, the apex court upheld President Bola Tinubu’s emergency declaration in Rivers State, rejecting the suit brought by Adamawa and ten other PDP-led states challenging the move.
Justice Mohammed Idris, delivering the lead judgment, stated, “Section 305 of the Constitution empowers the President to take extraordinary measures to restore normalcy in situations of imminent danger or breakdown of public order. Suspension of elected officials is permissible, but must be for a limited period and not indefinite.”
The court also ruled that the National Assembly acted within its rights in approving the emergency declaration by voice vote, as provided under the Legislative Houses (Powers and Privileges) Act.
Justice Idris further noted that the plaintiffs had failed to establish any actionable dispute between their states and the federation or Rivers State, and therefore lacked standing to challenge the emergency rule.
Justices John Okoro, Chioma Nwosu-Iheme, Haruna Tsammani, Stephen Adah, and Habeeb Abiru agreed with the majority, while Justice Obande Ogbuinya dissented. The dissenting judge argued that the President cannot use emergency powers to suspend elected state officials.
The Supreme Court’s ruling reinforces the scope of presidential powers under Section 305 while clarifying the constitutional limits on suspending elected office-holders during emergency situations.
