ABUJA: The Supreme Court on Monday ruled that a sitting President has the constitutional power to declare a state of emergency in any part of the federation to forestall a breakdown of law and order or a descent into chaos or anarchy.
Delivering the lead judgment in a split decision, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is proclaimed.
The judgment arose from a suit filed by Adamawa State and ten other Peoples Democratic Party-controlled states challenging the validity of the state of emergency declared by President Bola Tinubu in Rivers State, during which Governor Siminalaye Fubara and other elected state officials were suspended for six months.
In the six-to-one decision, the apex court held that the President could suspend democratically elected officials during a period of emergency rule, but stressed that such suspensions must be for a limited duration.
The court ruled that Section 305 of the Constitution is not specific on the nature of the extraordinary measures permitted, thereby granting the President discretion on the steps to take during an emergency.
Earlier, the court upheld preliminary objections raised by the defendants, the Attorney-General of the Federation and the National Assembly, challenging the competence of the suit.
In upholding the objections, Justice Idris held that the eleven states failed to disclose a cause of action capable of invoking the original jurisdiction of the Supreme Court.
He consequently struck out the suit for lack of jurisdiction, and also proceeded to consider the matter on the merits, dismissing it.
However, in a dissenting opinion, Justice Obande Ogbuinya held that the suit succeeded in part.
According to him, while the President has the power to declare a state of emergency, such power cannot be extended to suspending elected state officials, including governors, deputy governors and members of state legislatures.
