Nigeria’s Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state threatened by a breakdown of law and order, including the temporary suspension of elected officials.
The apex court delivered the verdict in a split 6–1 decision while ruling on a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-governed states.
The plaintiffs had challenged President Bola Tinubu’s declaration of emergency rule in Rivers State, which led to the six-month suspension of elected state officials.
Although the court upheld preliminary objections and dismissed the suit on jurisdictional grounds, it proceeded to consider the substantive issues and ultimately ruled in favour of the Federal Government.
In the lead judgment delivered by Justice Mohammed Idris, the court held that Section 305 of the 1999 Constitution empowers the President to take extraordinary measures necessary to restore peace and constitutional order during a declared emergency.
The court noted that while the Constitution does not expressly list such measures, it permits temporary actions , including the suspension of elected officials , provided they are time-bound and aimed at restoring normalcy.
However, Justice Obande Ogbuinya dissented, arguing that the President’s emergency powers do not extend to suspending democratically elected officials such as governors, deputy governors, or members of state assemblies.
The ruling has further clarified the scope of executive powers under emergency rule, while also highlighting differing judicial views on the limits of presidential authority in a constitutional democracy.
