Supreme Court Upholds President’s Authority to Declare Emergency, Suspend Elected Officials

The Supreme Court on Monday affirmed the President’s constitutional power to declare a state of emergency in any part of the country and take extraordinary measures, including the suspension of elected state officials, to restore law and order.

In a 6-1 split decision, the apex court held that Section 305 of the 1999 Constitution empowers the President to act decisively during emergencies, granting wide discretion to implement measures deemed necessary to prevent chaos or a breakdown of governance.

Delivering the lead judgment, Justice Mohammed Idris explained that while the Constitution does not explicitly define the extent of “extraordinary measures,” it clearly vests the President with authority to intervene when public order is threatened.

The case arose from a suit filed by several states governed by the Peoples Democratic Party (PDP), challenging President Bola Tinubu’s declaration of a six-month state of emergency in Rivers State, which involved the suspension of elected officials. The plaintiffs included the Attorneys-General of PDP-controlled states such as Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa. The Federal Government and the National Assembly were the defendants.

The plaintiffs asked the Supreme Court to determine whether the President could lawfully suspend a democratically elected state government and whether the process of declaring a state of emergency complied with constitutional provisions. They sought clarifications on Sections 1(2), 5(2), 176, 180, 188, and 305 of the Constitution, including the President’s power to appoint an unelected administrator to replace governors and suspend state legislatures.

Justice Idris, in his judgment, upheld preliminary objections raised by the Attorney-General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a justiciable dispute capable of invoking the Supreme Court’s original jurisdiction. He further dismissed the case on the merits, affirming the President’s emergency powers.

In dissent, Justice Obande Ogbuinya agreed that the President could declare a state of emergency but argued that such power did not extend to suspending elected officials, including governors and members of state legislatures.

The ruling marks a significant affirmation of presidential authority during crises, highlighting the expansive powers vested in the office to maintain national stability.