The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state and to suspend elected officials where necessary to restore order.
In a 6–1 split decision, the apex court dismissed a suit filed by 11 PDP-controlled states challenging President Bola Tinubu’s emergency declaration and suspension of officials in Rivers State.
Delivering the majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution grants the President wide discretion to take “extraordinary measures” during emergencies. The court ruled that while such suspensions must be temporary, they are constitutionally permissible.
The states had argued that Tinubu lacked the power to suspend Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly. However, the court upheld preliminary objections by the Attorney-General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a dispute warranting the court’s original jurisdiction.
The suit was consequently dismissed for lack of jurisdiction.
In a dissenting opinion, Justice Obande Ogbuinya agreed that the President could declare emergency rule but argued that suspending elected officials was unconstitutional.
President Tinubu had imposed a six-month emergency in Rivers State in March and appointed Vice Admiral Ibok-Ete Ibas (retd.) as Sole Administrator, a move backed by the National Assembly.
