The Supreme Court has affirmed the President’s constitutional authority to declare a state of emergency in any state to avert a breakdown of law and order or a slide into chaos.
In a split decision of six to one delivered on Monday, the apex court held that the President may suspend elected officials during a state of emergency, but ruled that such suspensions must be time-bound.
Delivering the lead judgment, Justice Mohammed Idris said Section 305 of the Constitution empowers the President to take extraordinary measures to restore normalcy once emergency rule is proclaimed. He noted that the provision does not expressly define the scope of such measures, thereby vesting the President with discretion on how to respond to the crisis.
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The ruling arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-controlled states, challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu, during which elected state officials were suspended for six months.
Justice Idris first upheld the preliminary objections raised by the Attorney-General of the Federation and the National Assembly, ruling that the plaintiffs failed to disclose a cause of action capable of invoking the Supreme Court’s original jurisdiction. He consequently struck out the suit for want of jurisdiction but proceeded to consider the substantive issues and dismissed the case on the merits.
However, Justice Obande Ogbuinya dissented, holding that the suit succeeded in part. He agreed that the President has the power to declare a state of emergency but ruled that such authority does not extend to suspending elected state officials, including governors, deputy governors and members of state assemblies.
Details shortly…
