Supreme Court has affirmed the constitutional authority of the president to declare a state of emergency in any part of Nigeria.
Gatekeepers News reports that in its judgment, the court affirmed that such powers may be exercised to prevent a breakdown of law and order.
The apex court also held that the president can also suspend elected state officials for a limited period while emergency measures are in force.
The decision followed a suit filed by Adamawa State alongside 10 other Peoples Democratic Party (PDP)-governed states challenging the emergency rule imposed on Rivers State by President Bola Ahmed Tinubu in March.
Recall that President Tinubu had announced emergency rule in Rivers amid prolonged political instability, suspending Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly for an initial six-month period, while appointing a sole administrator to oversee the state’s affairs.
The emergency rule in Rivers State was eventually lifted in September, restoring the suspended officials and ending the temporary administration.
Delivering the majority judgment, Mohammed Idris relied on Section 305 of the 1999 Constitution (as amended), which grants the president discretion to determine necessary actions during a state of emergency.
In a split six-to-one decision, the court ruled that such discretion extends to the temporary suspension of elected officials.
The court consequently struck out and dismissed the suit, holding that it lacked jurisdiction to entertain the matter. It noted that the plaintiffs failed to establish a valid cause of action against the president and other defendants, including National Assembly and Attorney-General of the Federation (AGF).
The PDP Governors had argued that the suspension of Rivers’ Governor, deputy Governor, and lawmakers violated constitutional provisions on federalism and the autonomy of elected state institutions.
They also questioned the legality of dissolving the State House of Assembly and installing a sole administrator.
However, the majority rejected these claims. A lone dissenting opinion by Justice Obande Ogbuinya held that while the president may declare a state of emergency, the constitution does not empower him to suspend elected representatives.
