Supreme court affirms president’s power to declare emergency rule, dismisses PDP governors suit
The Supreme Court has ruled in favor of President Bola Tinubu, affirming his constitutional authority to declare a state of emergency in any part of Nigeria to prevent a breakdown of law and order.
The court’s decision also confirmed that the president has the power to suspend elected officials for a defined period during such emergencies.
The judgment follows a legal challenge by Adamawa State, supported by 10 other states governed by the Peoples Democratic Party (PDP), which questioned the emergency declared in Rivers State in March. Under that declaration, President Tinubu suspended Rivers State Governor Siminalayi Fubara, his deputy, and members of the state assembly for an initial period of six months.
Delivering the majority ruling, Justice Mohammed Idris highlighted Section 305 of the 1999 Constitution (as amended), which grants the president discretion to determine the necessary measures to take during a state of emergency.
The ruling was reached in a split decision of six to one, with the apex court confirming that the suspension of elected officials is constitutionally permissible, provided it is for a limited duration.
