The Supreme Court has affirmed the constitutional powers of the President to declare a state of emergency in any part of the country and to take extraordinary measures, including the suspension of elected officials, to prevent a breakdown of law and order.
In a split decision of six to one, the apex court ruled that while the President may suspend elected state officials during an emergency, such action must be for a limited period and strictly aimed at restoring normalcy.
Delivering the lead judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to declare a state of emergency and adopt extraordinary measures where there is a threat of chaos or anarchy.
He noted that the provision does not clearly define the scope of such measures, thereby granting the President discretionary powers in responding to emergency situations.
The judgment arose from a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party, challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu.
The emergency proclamation had resulted in the suspension of Governor Siminalayi Fubara and other elected state officials for six months.
Justice Idris also upheld preliminary objections raised by the defendants, the Attorney General of the Federation and the National Assembly, who argued that the suit was incompetent.
He ruled that the plaintiffs failed to establish a cause of action capable of invoking the original jurisdiction of the Supreme Court.
Consequently, the court struck out the suit for lack of jurisdiction but went further to consider the substantive issues and dismissed the case on its merits.
However, Justice Obande Ogbuinya dissented from the majority view, holding that while the President has the authority to declare a state of emergency, such power does not extend to the suspension of democratically elected officials, including governors, deputy governors and members of legislative assemblies.
According to him, emergency powers should not be used as a mechanism to undermine constitutional democracy.
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