The Supreme Court of Nigeria, in a majority ruling on Monday, stated that the President has full constitutional authority to declare a state of emergency in any state to prevent a breakdown of law and order.
The apex court also ruled that the President can temporarily suspend elected state officials, provided the suspension is for a limited duration, in order to restore normalcy.
The ruling was delivered following a suit filed by the Attorneys-General of 11 states, primarily governed by the Peoples Democratic Party (PDP), who challenged the legality of the State of Emergency declared by President Bola Tinubu in Rivers State in March 2025. During that emergency rule period, elected state officials, including the Governor, his deputy, and members of the State House of Assembly, were suspended for six months.
The plaintiffs argued that the President lacked the constitutional power to interfere with or suspend a democratically elected government under the guise of an emergency proclamation.
The judgment, delivered by Justice Mohammed Idris, in line with Section 305 of the 1999 Constitution, which grants the President the discretion to adopt extraordinary measures when an emergency is declared.
The court dismissed the suit filed by the 11 PDP-led states for lack of jurisdiction, ruling that the plaintiffs failed to demonstrate an actionable dispute required to activate the court’s original jurisdiction.
Share
Your news. Your way. Follow our WhatsApp channel.
- advert -
Leave a comment