The Supreme Court has affirmed that the President of Nigeria possesses the constitutional authority to declare a state of emergency in any part of the country where public safety, governance, or national stability is under serious threat.
The apex court held in split decision of six-to-one, that the President, can suspend elected officials within a limited period during a state of emergency.
Justice Mohammed Idris who delivered the verdict held that Section 305 of the Constitution empowers the President to take extraordinary measures to ensure restoration of normalcy under emergency rule.
Justice Idris noted Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion use such powers.
The Supreme Court ruled on a suit filed by the Adamawa State Government and 10 other Peoples Democratic Party-led states challenging the legality of the state of emergency declared by President Bola Tinubu in Rivers State, during which he suspended the Governor Siminalayi Fubara, his Deputy and the State House of Assembly for six months.
Earlier in the verdict, Justice Idris upheld the preliminary objections raised by the two defendants – Attorney General of the Federation and the National Assembly – on the competence of the suit saying they could not establish any cause of action capable of activating the original jurisdiction of the apex court.
The apex court then struck out the suit for want of jurisdiction, before deciding it on merit.
However, in the dissenting verdict Justice Obande Ogbuinya held that the case succeeded in part.
Justice Ogbuinya ruled that while the President could declare a state of emergency, such power could not be used to suspend elected state officials.