The Supreme Court has affirmed the power of the president to declare a state of emergency in any state to prevent a breakdown of law and order.
In a split decision of six-to-one, the apex court ruled that the president may suspend elected officials during a state of emergency, but such suspension must be limited in duration.
Mohammed Idris, in the lead majority judgment, stated that Section 305 of the Constitution empowers the president to take extraordinary measures to restore normalcy when emergency rule is declared.
He noted that Section 305 does not specify the nature of the extraordinary measures, giving the president discretion in implementing them.
The ruling followed a suit filed by Adamawa State 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 the emergency, elected state officials, including Siminalayi Fubara, governor of Rivers, were suspended for six months.
Idris upheld preliminary objections raised by the attorney general of the federation and the national assembly, questioning the competence of the suit.
He held that the 11 PDP-led states failed to establish any cause of action capable of activating the original jurisdiction of the Supreme Court.
The judge struck out the suit for lack of jurisdiction, but also considered the merits of the case and dismissed it.
Obande Ogbuinya, the judge, dissented, ruling that the case succeeded in part.
He argued that while the President could declare a state of emergency, the power could not be used to suspend elected state officials, including governors, deputy governors, and lawmakers.
During the emergency, Fubara, his deputy, and members of the Rivers assembly were suspended for six months.
The state of emergency was declared six months ago following prolonged political unrest.
Tinubu later appointed Ibok-Ete Ibas, a retired naval chief, as the state’s sole administrator.
The Rivers emergency rule later was lifted in September.