The Supreme Court, on Monday, affirmed the constitutional powers of the President to declare a state of emergency in any state and, where necessary, suspend elected officials to avert a breakdown of law and order.
In a split decision of six to one, the apex court held that while the President is empowered to take extraordinary measures during emergency rule, such suspensions must be for a limited duration.
Delivering the lead judgment, Justice Mohammed Idris ruled that Section 305 of the 1999 Constitution authorises the President to deploy exceptional steps to restore peace and stability whenever a state of emergency is proclaimed.
Justice Idris noted that the constitutional provision does not expressly define the nature of such extraordinary measures, thereby vesting the President with wide discretion on how to respond to the emergency.
The ruling followed a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party, challenging the legality of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected state officials were suspended for six months.
In the preliminary aspect of the judgment, Justice Idris upheld objections raised by the Attorney General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a cause of action sufficient to invoke the original jurisdiction of the Supreme Court.
He consequently struck out the suit for want of jurisdiction but proceeded to consider the substantive issues and dismissed the case on its merits.
However, Justice Obande Ogbuinya dissented, holding that while the President has the constitutional authority to declare a state of emergency, such power does not extend to suspending elected officials.
According to the dissenting judgment, emergency powers cannot be deployed to remove governors, deputy governors or members of the legislature, as such action would amount to an unconstitutional overreach.
