The Supreme Court of Nigeria has affirmed the President’s authority to declare a state of emergency in any state, allowing for the suspension of elected officials during such times. In a split decision of six-to-one, the court emphasized that while this power exists, any suspension must be confined to a limited timeframe.
In the majority judgment led by Justice Mohammed Idris, the court cited Section 305 of the Constitution, which grants the President the discretion to implement extraordinary measures for restoring normalcy during a declared emergency. Justice Idris noted that the Constitution does not specify the nature of these measures, enabling executive flexibility.
The ruling stems from a suit filed by Adamawa State and 10 other states, challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State, during which several elected officials, including Governor Siminalayi Fubara, were suspended for six months. The plaintiffs argued that such actions were unconstitutional and sought a declaration from the Supreme Court.
Despite upholding the preliminary objections from the defendants—Attorney General of the Federation (AGF) and the National Assembly—Justice Idris deemed the case lacked the necessary jurisdiction and dismissed it.
In dissent, Justice Obande Ogbuinya contended that while the President could declare an emergency, he should not have the authority to suspend elected officials, including governors and members of the legislature.
