Supreme Court Backs President’s Power to Declare Emergencies, Suspend Governors, Others
The Supreme Court has ruled that the President has the constitutional authority to declare a state of emergency in any part of the country to prevent a breakdown of law and order. The court also upheld the president’s power to suspend elected officials for a limited period.
The ruling followed a lawsuit filed by Adamawa State, alongside ten other PDP-led states, challenging President Bola Tinubu’s emergency declaration in Rivers State in March. Under that declaration, Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly were suspended for six months.
Justice Mohammed Idris, delivering the majority judgment, emphasized that Section 305 of the 1999 Constitution grants the president discretion over measures to be taken during a state of emergency. In a 6-1 decision, the court confirmed the president’s power to suspend elected officials temporarily and subsequently dismissed the plaintiffs’ suit for lack of jurisdiction.
The emergency rule in Rivers State was lifted in September.