The Supreme Court on Monday affirmed the President’s constitutional authority to declare a state of emergency in any state 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 held that the President may, during a state of emergency, suspend elected officials, provided such suspensions are for a limited period.
Delivering the lead majority judgment, Justice Mohammed Idris ruled that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy once emergency rule is proclaimed.
Justice Idris noted that Section 305 does not expressly define the nature of the extraordinary measures permitted, thereby granting the President discretion on how to address the emergency.
The ruling arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-controlled states, challenging the legality of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected state officials were suspended for six months.
Earlier in the judgment, Justice Idris upheld preliminary objections raised by the defendants — the Attorney General of the Federation and the National Assembly — against the competence of the suit.
He held that the plaintiffs failed to disclose any cause of action capable of invoking the Supreme Court’s original jurisdiction, struck out the case for want of jurisdiction, and nonetheless proceeded to consider the substantive issues, ultimately dismissing the suit on the merits.
However, Justice Obande Ogbuinya dissented, holding that the action succeeded in part. He ruled that while the President has the power to declare a state of emergency, such authority cannot be exercised to suspend elected state officials, including governors, deputy governors and members of the legislature.
Details shortly…
