The Supreme Court has ruled that President Bola Tinubu has the constitutional authority to declare a state of emergency in any part of the country to prevent a collapse of law and order. In a 6–1 majority decision delivered on Monday, the court held that the President may also suspend elected officials during such periods, provided the action is temporary.
Delivering the lead judgment, Justice Mohammed Idris stated that Section 305 of the 1999 Constitution grants the President wide powers to take exceptional steps aimed at restoring peace and stability once a state of emergency has been proclaimed.
Justice Idris noted that the Constitution does not expressly define the scope of actions that may be taken during an emergency, thereby allowing the President discretion to implement measures considered necessary under the circumstances.
The judgment arose from a suit instituted by the Attorneys-General of several states governed by the Peoples Democratic Party, who challenged President Tinubu’s declaration of a state of emergency in Rivers State.
The states that joined the suit were Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
The plaintiffs asked the court to determine whether the President has the legal authority to suspend governors, deputy governors, or state houses of assembly while exercising emergency powers.
Justice Idris upheld the preliminary objections raised by the Attorney-General of the Federation and the National Assembly, holding that the plaintiffs failed to disclose a valid cause of action capable of invoking the Supreme Court’s original jurisdiction.
Although the suit was struck out on jurisdictional grounds, the court proceeded to address the substantive issues and dismissed the claims on their merits.
In a dissenting judgment, Justice Obande Ogbuinya maintained that while the President is empowered to declare a state of emergency, such authority does not extend to the suspension of elected officials, including governors, their deputies, and members of state legislatures.
