The Supreme Court has affirmed the President’s authority to declare a state of emergency in any state to prevent a breakdown of law and order or the descent into chaos and anarchy.
The apex court, in a split decision of six-to-one on Monday, held that the President, during a state of emergency, can suspend elected officials, but that such suspensions must be for a limited period.
Justice Mohammed Idris held, in the lead majority judgment, that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.
Justice Idris noted Section 305 is not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.
The judgment was on the suit filed by Adamawa and 10 other Peoples Democratic Party-led states challenging the propriety of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected state officials were suspended for six months.
Justice Idris, in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.
In upholding the objections raised by the Attorney General of the Federation (AGF) and the National Assembly (the defendants), Justice Idris held that the plaintiffs (the 11 PDP states) failed to establish any cause of action capable of activating the original jurisdiction of the apex court.
He struck out the suit for want of jurisdiction, proceeded to also determine the case on the merits, and dismissed it.
However, Justice Obande Ogbuinya dissented and held that the case succeeded in part.
Justice Ogbuinya held, among others, that although the President could declare a state of emergency, the President cannot use such power as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament.
