Rivers: Supreme Court Affirms President’s Power to Declare State of Emergency
The Supreme Court has affirmed that President Bola Tinubu has the constitutional authority to declare a state of emergency in any state to prevent a breakdown of law and order, and may suspend elected officials for a limited period during such emergency.
The apex court gave the ruling in a majority decision delivered on Monday.
The court held that the President’s powers are clearly provided for under Section 305 of the 1999 Constitution.
It ruled that the provision empowers the President to adopt extraordinary measures to restore normalcy once a state of emergency has been proclaimed.
Delivering the lead judgement, Justice Mohammed Idris said the Constitution does not spell out the specific nature of the extraordinary measures open to the President.
He noted that this omission gives the President discretion on how best to act in emergency situations.
The judgement followed a suit filed by states governed by the Peoples Democratic Party challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu.
The Rivers emergency declaration had resulted in the suspension of elected state officials for six months.
The suit, marked SC/CV/329/2025, was instituted by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara and Bayelsa states.
The Federal Government and the National Assembly were named as defendants.
The plaintiffs asked the Supreme Court to determine whether the President has the constitutional authority to suspend a democratically elected state government.
They also sought a declaration on whether the procedure adopted in proclaiming a state of emergency in Rivers State violated the 1999 Constitution.
Specifically, they asked the court to interpret several constitutional provisions to decide whether a President can suspend a Governor, Deputy Governor and State House of Assembly and replace them with a Sole Administrator during a state of emergency.
They further questioned whether the suspension of a State House of Assembly under such circumstances is lawful.
Ruling on the matter, Justice Idris upheld the preliminary objections raised by the Attorney-General of the Federation and the National Assembly.
He held that the plaintiffs failed to disclose any cause of action capable of invoking the Supreme Court’s original jurisdiction.
In a six-to-one majority decision, the court agreed that no actionable dispute existed between the states and the Federation.
The suit was accordingly struck out for want of jurisdiction.
Justice Idris nevertheless proceeded to consider the substantive issues and dismissed the case on the merits.
However, Justice Obande Ogbuinya dissented.
He agreed that the President has the power to declare a state of emergency.
He held, however, that such power does not extend to suspending elected state officials, including governors, deputy governors and members of state legislatures.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
