The Supreme Court has ruled that the President Bola Tinubu, can declare a state of emergency in any state to prevent a breakdown of law and order.
The apex court, in a split decision of six to one, ruled that the President may suspend elected officials during a state of emergency, but such suspensions must be for a limited period.
In the lead judgment, Justice Mohammed Idris stated that Section 305 of the Constitution empowers the President to take extraordinary measures to restore normalcy whenever a state of emergency is declared.
Idris during the hearing on Monday, noted that the provision does not specify the nature of these measures, thereby granting the President discretion in their application.
The case arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party-led states challenging the legality of the state of emergency declared by President Tinubu in Rivers State, which resulted in a six-month suspension of elected state officials.
Justice Idris upheld preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, ruling that the plaintiffs had failed to establish a cause of action that could invoke the apex court’s original jurisdiction.
He struck out the suit for lack of jurisdiction, proceeded to consider the merits, and ultimately dismissed the case.
Justice Obande Ogbuinya dissented, holding that the case had succeeded in part. He argued that while the President can declare a state of emergency, this power does not extend to suspending elected state officials, including governors, deputy governors, and members of parliament.
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